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HomeMy WebLinkAbout2009-09-10 - Board of Directors Meeting Agenda PacketYorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, September 10, 2009, 6:30 PM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL John W. Summerfield, President William R. Mills, Vice President Paul R. Armstrong Michael J. Beverage Ric Collett 4. ADDITIONS /DELETIONS TO THE AGENDA 5. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 6. PUBLIC HEARING 6.1. Public Hearing to Consider Increasing and Modifying Water Rates A. President Opens Public Hearing B. Secretary Provides Proof of Public Hearing C. Report by General Manager D. Public Testimony E. President Closes Public Hearing F. Discussion Notification and Correspondence 6.2. Resolutions No. 09 -15, 09 -16 and 09 -17 of the Board of Directors of the Yorba Linda Water District Amending Resolution No. 07 -17 and Setting Water Rates Effective September 14, 2009 Recommendation: That the Board of Director adopt the following Resolutions in the order provided: 1. Resolution No. 09 -15, increasing the commodity charge for potable water service from $1.79 1HCF to $2.52 1HCF and increasing the basic monthly service charge from $8.351mo. to $10.20 1mo. for all classes of services, regardless of meter size. 2. Resolution No. 09 -16, further modifying the commodity rate for single family residential customers and adopting the block tiered rate structure as presented in the 2009 Water Rate Report as Alternative 2. 3. Resolution No. 09 -17, establishing the Overage Level 1 ($4.49 1HCF) and Overage Level 2 ($7.22 1HCF) water rates if the District exceeds its yearly water supply allocation in FY 2009110. 7. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 7.1. Minutes of the Regular Board of Directors Meeting Held August 27, 2009 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Special Board of Directors Meeting Held September 2, 2009 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $888,271.93. 7.4. Progress Payment No. 1 for Lakeview Sewer Lift Station Recommendation: That the Board of Directors approve Progress Payment No. 1 in the amount of $2,925.00 to Schuler Engineering Corp. 7.5. Progress Payment No. 1 for the San Antonio Pressure Reducing Station Upgrade Project Recommendation: That the Board of Directors approve Progress Payment No. 1 in the net amount of $53,156.25.00 to Paulus Engineering, Inc. for construction of the San Antonio Pressure Reducing Station Upgrades Project, Job No. 200901. 7.6. Progress Payment No. 16 for the Highland Reservoir Replacement Project Recommendation: That the Board of Directors approve Progress Payment No. 16 in the net amount of $257,542.74 to Schuler Engineering Corporation and 10% retention of $28,615.86 deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309. 7.7. Approval of Change Order No. 3 for the Highland Reservoir Replacement Project Recommendation: That the Board of Directors approve Change Order No. 3 in the amount of $96,272.43 and 35 additional calendar days to Schuler Engineering Corporation for construction of the Highland Reservoir Replacement Project, Job No. 200309. 7.8. Grant Deed to SWEPI LP for 0.025 Acres on Lakeview Avenue Recommendation: That the Board of Directors authorize the President and Secretary to execute a Grant Deed, subject to approval as to form by Legal Counsel, to relinquish to SWEPT LP approximately 0. 025 acres that was acquired in a land swap with Bastanchury Holding, L.P. (Hover Development Co.) for the exchange of property at the Lakeview Reservoir and Booster Pump Station site. 8. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 8.1. FY 2009/10 Budget Amendment Recommendation: That the Board of Directors receive and file the addendum to the FY 2009/10 Budget. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report 9.2. Directors' Reports 9.3. General Manager's Report 9.4. General Counsel's Report 9.5. Future Agenda Items and Staff Tasks 10. COMMITTEE REPORTS 10.1. Executive Administrative - Organizational Committee (Summerfield /Mills) Alternate: Collett • Meeting scheduled for September 15, 4:00 p.m. has been rescheduled to September 16, 4:00 p.m. 10.2. Finance - Accounting Committee (Beverage /Summerfield) Alternate: Mills Minutes of meeting held September 9, 4:00 p.m. (To be provided at the meeting.) Meeting scheduled for October 13, 4:00 p.m. 10.3. Personnel -Risk Management Committee (Armstrong /Collett) Alternate: Summerfield • Meeting scheduled for September 14, 4:00 p.m. 10.4. Planning- Engineering- Operations Committee (Mills /Armstrong) Alternate: Beverage Minutes of meeting held September 3, 4:00 p.m. Meeting scheduled for October 1, 4:00 p.m. has been rescheduled to October 7, 4:00 p. M. 10.5. Public Information - Technology Committee (Collett /Beverage) Alternate: Armstrong Minutes of meeting held September 1, 4:00 p.m. Meeting scheduled for October 6, 4:00 p.m. 10.6. MWDOC /OCWD Ad Hoc Committee (Mills /Collett) Alternate: Summerfield Meeting scheduled for September 22, 4:00 p.m. 10.7. City of Placentia Ad Hoc Committee (Beverage /Vecchiarelli) • Meeting scheduled for September 17, 4:00 p.m. 10.8. Citizens Advisory Committee Meeting scheduled for September 28, 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. Yorba Linda City Council, September 1 (Mills) 11.2. MWDOC /MWD Workshop, September 2 (Staff) 11.3. OCWD Board, September 2 (Staff) 11.4. Yorba Linda Planning Commission, September 9 (Collett) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from September 11, 2009 thru October 31, 2009 13. CONFERENCES AND SEMINARS 13.1. Diamond Valley Lake Tour - September 25, 2009 Recommendation: Authorize Directors and such staff members of the District as approved by the General Manager to attend the tour. 13.2. CA -NV AWWA Fall Conference - October 5 -8, 2009 Recommendation: Authorize Directors and such staff members of the District as approved by the General Manager to attend the conference. 14. ADJOURNMENT 14.1. The next regular meeting of the Board of Directors will be held September 24, 2009 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non - exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy -two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http: / /www.ylwd.com /. Accommodations for the Disabled Any person may make a request for a disability - related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714 - 701 -3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability - related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 6.2 AGENDA REPORT Meeting Date: September 10, 2009 Budgeted: N/A To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: Yes Prepared By: Pat Grady, Assistant General Manager Subject: Resolutions No. 09 -15, 09 -16 and 09 -17 of the Board of Directors of the Yorba Linda Water District Amending Resolution No. 07 -17 and Setting Water Rates Effective September 14, 2009 SUMMARY: Attached for the Board's consideration are two resolutions that revise the District's monthly basic service charge and the water commodity charge, effective September 14, 2009 and a third resolution that resets these rates if the District exceeds its yearly water supply allocation in FY 2009/10. In addition, the 2009 Water Rate Report, which was received and filed by the Board on September 2, 2009, is attached as supporting material. Notice of the September 10, 2009 Public Hearing, along with the proposed rate increase, was provided to District customers on July 23, 2009 by mail, pursuant to Proposition 218. At the time this staff report was prepared, the District had received written protests from approximately 70 customers. The majority of these protests oppose any increase at this time. The second most frequent protest is against the tiered rate alternative for single family residential customers, particularly those customers with large lots, horse properties or large landscaping and irrigation needs. STAFF RECOMMENDATION: That the Board of Director adopt the following Resolutions in the order provided: 1. Resolution No. 09 -15, increasing the commodity charge for potable water service from $1.79 /HCF to $2.52 /HCF and increasing the basic monthly service charge from $8.35/mo. to $10.20 /mo. for all classes of services, regardless of meter size. 2. Resolution No. 09 -16, further modifying the commodity rate for single family residential customers and adopting the block tiered rate structure as presented in the 2009 Water Rate Report as Alternative 2. 3. Resolution No. 09 -17, establishing the Overage Level 1 ($4.49 /HCF) and Overage Level 2 ($7.22 /HCF) water rates if the District exceeds its yearly water supply allocation in FY 2009/10. COMMITTEE RECOMMENDATION: Both the Finance - Accounting Committee and the Revenues & Rates Ad -hoc Committees have had previous discussions related to the District's budget and the proposed water rate adjustments. The full Board of Directors also held a workshop and special meeting to discuss the proposed rate adjustments. Additionally, the Citizens Advisory Committee has reviewed the rate proposals and supports Staff's recommendation for a tiered water rate structure for the commodity charge applicable to single family residential customers. DISCUSSION: The 2009 Water Rate Report identifies and provides the rationale and justification for a water rate increase for both the monthly basic service charge and the commodity charge. The rate increase is primarily driven by the District's FY 2009/10 Budget, which includes unprecedented increases in the Variable Water Costs imposed on the District by its water wholesaler suppliers. These costs, along with a reduction in revenues due to mandatory water conservation, are beyond the District's control and are the primary factors for the rate increase. The District's water rates consist of two components, the basic monthly service charge and the water commodity charge. The 2009 Water Rate Report includes recommendations for increases in both components and provides the calculations for each derived directly from the District's costs for providing reliable water service to the community and as identified in further detail in the Adopted Budget for FY 2009/10. Currently, the basic monthly service charge is $8.35/mo. The 2009 Water Rate Report recommends a $1.85 increase per month (22% increase) to $10.20 /mo. The purpose of the monthly service charge is to pay for a portion of the District's fixed expenses, which are incurred regardless of the amount of water purchased and sold to the customers. These expenses include debt obligation payments, supplies, services, salaries and benefits for system maintenance and for capital project administration and management. At $10.20 /mo., the basic service charge generates enough revenue to cover approximately 25% of the District's fixed expenses. The remaining costs of the District must therefore be supported by the commodity charge. Two alternatives for the commodity charge are identified in the 2009 Water Rate Report. The first consists of a flat commodity charge of $2.52 per HCF or Unit (one HCF or Unit equals one hundred cubic feet or 748 gallons), an increase of $0.73 from the current rate of $1.79 per Unit. The second alternative is proposed for single family residential accounts. The alternative is a conservation based block tiered rate structure consisting of five tiers, ranging from $2.17 to $3.49 per Unit as follows: Tier 1 (1 -10 units) $2.17 /Unit Tier 2 (11 -30 units) $2.50 /Unit Tier 3 (31 -60 units) $2.83 /Unit Tier 4 (61 -80 units) $3.16 /Unit Tier 5 (over 80 units) $3.49 /Unit Due to water shortages in the State of California and the increasing cost of both import and groundwater, a tiered water rate structure further supports the conservation effort, as opposed to the flat commodity charge. Conservation is critical to ensuring the District continues its ability to provide a reliable water source to the community. For this reason, Staff recommends the tiered rate structure for single family residential cutsomers, which represents over 90% of the District accounts. Three resolutions have been included with this report. One resolution establishes the new monthly basic service charge and the new flat commodity charge. The second resolution establishes the block tiered water rate structure for single family residential customers. The third resolution resets the water commodity charges if the District exceeds its water supply allocation for the year. In all three resolutions, the monthly basic service charge is established at $10.20 /mo. PRIOR RELEVANT BOARD ACTION(S): The District's FY 2009/10 Budget was adopted on June 25, 2009 and received and filed the 2009 Water Rate Report on September 2, 2009. The Board held a workshop to discuss and consider water rates on June 2, 2009 and discussed a presentation on proposed water rates at their meeting on August 13, 2009. The Board of Directors set the public hearing at their Board meeting on June 11, 2009 and rescheduled this hearing at their meeting on July 23, 2009 setting the hearing date to September 10, 2009. ATTACHMENTS: Description: Type: 2009_YLWD_ Rate _Study.pdf 2009 Water Rate Report Report(s) Resolution 09 -15 Setting Water Rates.doc Resolution No. 09 -15 Resolution Resolution 09 -16 Setting Water Rates.doc Resolution No. 09 -16 Resolution Resolution 09-17 Setting_ Water Rates.doc Resolution No. 09 -17 Resolution Yorba Linda Water District Water Rate Report September /2009 YLWD Water Rate Report — September 2009 Table of Contents Background............................................................................ ............................... 3 Purposeand Scope ................................................................ ..............................4 Proposition 218 Compliance ................................................... ..............................5 Service Classifications ............................................................ ..............................5 Historical Water Rates ............................................................ ..............................6 ExistingWater Rates .............................................................. ..............................6 Operating and Non - Operating Expenses ................................ ..............................7 Vehicle and Equipment Expenses .......................................... ..............................8 Depreciation Expense ............................................................. ..............................9 Capital Improvement and Replacement Programs ................. ..............................9 Operating Reserves ............................................................... .............................10 Revenue Requirements and Revenue Targets ...................... .............................10 Proposed Water Rate Increase .............................................. .............................11 Alternative 1 — Flat Commodity Rate for all Classes of Service ..........................12 Alternative 2 - Block Tiered Rate Structure for Single - Family Residential Class. 13 Wholesale Water Charges above Allocation Levels ............... .............................18 Conclusions and Recommendations ...................................... .............................19 Exhibit "A" — Proposition 218 Notice ...................................... .............................21 Exhibit "B" — Breakdown of Expenses and Outlay .................. .............................23 Exhibit "C" — Historical and Breakdown of Variable Water Costs ........................24 Exhibit "D" — Variable Water Costs Budget Assumptions ....... .............................25 Exhibit "E" — Five Year Capital Improvement Program .......... .............................26 Page 2 YLWD Water Rate Report — September 2009 Background Yorba Linda Water District ( "District ") provides water and partial sewer service to approximately 23,000 homes and businesses within a 23 square -mile territory serving the cities of Yorba Linda, portions of Brea, Anaheim, and Placentia, and a small unincorporated area in the County of Orange. The District is an independent California Special District formed pursuant to California Water Code Division 12, Section 30,000 et seq. In 1959, local residents voted to organize the Yorba Linda County Water District by authorizing the issuance of $1,900,000 in general obligation bonds to acquire the assets of the Yorba Linda Mutual Water Company. From 1959 to the mid - 1970's, the District's service area changed from an agricultural to a residential community. In 1978, the District expanded its boundaries by annexing nearly 7,000 acres of undeveloped land north of the Santa Ana River between Fairmont Boulevard on the west, and the San Bernardino /Orange County line on the east. The newly annexed territory was divided into two areas of benefit known as Improvement District No. 1 and Improvement District No. 2. This expansion increased the total area covered by the District to about 13,900 acres, or about 22 square miles. The District's service area can best be described as a suburban residential bedroom community. According to demographic data from a recent survey, about 60% of the District's residents are classified as either professional or white collar workers. Retail commercial businesses are located at key points throughout the service area. No heavy industrial or manufacturing occurs within the District's boundaries. There are, however, several small commercial /light industrial centers located in the southern and eastern portions of the District. Sources of water supply for the District include both groundwater and imported water. Groundwater is pumped from the Orange County Aquifer, and currently accounts for approximately 50% of the District's total water supply. The District also obtains import water from the Colorado River and northern California through the Municipal Water District of Orange County, the local wholesaler for Metropolitan Water District. The water system consists of more than 600 miles of various diameter water pipes, 13 reservoirs with a combined capacity of about 54 million gallons and nine water wells with a combined capacity of about 20 million gallons per day. In addition, there are three connections for imported water supply with a combined capacity in excess of 50 million gallons per day. Page 3 YLWD Water Rate Report — September 2009 Purpose and Scope The main purpose of this study is to design water rates for FY 2009/10 based on cost of service which will generate adequate revenues to support operations and maintenance (O &M) costs, a portion of capital funding, debt service and reserve requirements. This report will also provide the justification for the recommended rate structure with the goal of generating the revenue needs of the District. The existing water rate structure includes a monthly basic service charge and a commodity charge. The combination of these two charges generate the majority of the revenues required to cover the expenses of providing safe and reliable water service to the community for domestic, irrigation and fire protection purposes. Other revenue sources include the District's share of ad valorem property taxes, revenue from fees, leases and interest on investments. The scope of this Water Rate Report does not address the District's sewer rate or sewer related activities, as it focuses only on the water enterprise. The 2009 Water Rate Report will address the District's current rate structure, the revenues and expenses from the District's FY 2009/10 budget and the methodology for a recommended rate structure that is sufficient to cover the District's expenditures. As identified in the FY 2009/10 Budget, the District has instituted cost saving measures to reduce or maintain expenses while maintaining or in some cases, increasing the level of service to customers. These cost reductions and service improvements include the following: • The number of authorized full time employees has been reduced by one position • Six authorized positions will remain vacant and have not been funded in FY 2009/10 • No cost of living adjustments for employees were budgeted for FY 2009/10 • The total number of vehicles in the District's fleet will be reduced by four • Meters are now read on a monthly basis and customers billed within seven days • On line bill pay and web based bill viewing will be available in September • Web based agenda posting and report downloading will be improved • Increased customer service outreach, public information and programs supporting water conservation and water use efficiency Page 4 YLWD Water Rate Report — September 2009 Two options for the water commodity charge will be presented to the Board of Directors for consideration. One option includes a flat commodity charge, similar to the existing rate with an adjusted amount. The second option is a five - tiered water commodity charge designed to provide a lower rate for critical water usage and to promote water conservation for non - essential use. In both cases, the methodology and recommendation for an adjusted monthly service charge remains the same. A public hearing for the proposed rate adjustments is scheduled for September 10, 2009. Should the Board of Directors adopt a rate change, the effective date is scheduled to be September 14, 2009. Proposition 218 Compliance Proposition 218 is applicable to the District and compliance includes developing a nexus between the proposed rates and the costs for providing service, in addition to providing notification to the rate payers of a proposed rate adjustment 45 days prior to a public hearing. Additionally, the rate payers must be provided opportunity to protest the rate adjustments in writing. On July 23, 2009, District customers were notified of the September 10th public hearing by means of a mailed notice. The notice provided details of the proposed rate adjustment along with the protest procedures. A sample of the notice is attached as Exhibit "A ". Service Classifications The District currently provides water service to four primary classes. The following is a breakdown of each class, including the number of services and percentages within each class as of June 30, 2009. Service Classifications Services % of Services Residential (Single - Family) 21,582 92% Residential (Multi - Family) 228 1% Commercial 799 3% Landscape & Irrigation 831 4% Total 1 23,440 100% Page 5 YLWD Water Rate Report — September 2009 Historical Water Rates Since 2004, the District has implemented four rate adjustments. The rates which became effective on January 1, 2008, are currently in place today. The following table provides a history of rate modifications since 2004: of Ch Basic Monthly Service Charge Commodity Charge Existing Water Rates Effective Effective Effective Effective 0110112004 0110112005 0710112005 0110112008 $6.70 $7.47 $7.92 $8.35 $1.33 /HCF $1.48 /HCF $1.57 /HCF $1.79 /HCF The current water rate structure includes a fixed basic monthly service charge of $8.35 per meter. Each water meter, regardless of size and water usage, is charged this minimum basic monthly service charge since it receives the benefit of service on demand. This basic monthly service charge generates revenue to cover a small portion (approximately 22% in prior years) of the District's fixed expenses. The justification for the basic monthly service charge is that expenses related to operating and maintaining the water system infrastructure are incurred regardless of the amount of water produced and delivered to the District's customers. These expenses include supplies and services, salaries and benefits, and expenditures related to the District's debt service. The debt service includes principle and interest payments on money borrowed to pay for capital improvement and replacement projects. The District's total debt service for FY 2009/10 is approximately $2.8M. The current commodity charge of $1.79 /HCF is the amount the District charges for each billing unit of water used, which is equivalent to one hundred cubic feet or 748 gallons. This charge generates the majority of the District's total revenue and is intended to cover the balance of the fixed expenses as well as the variable expenses which include the costs to purchase water and the energy required to transport this water throughout the District's service area. The FY 2009/10 Budget identifies basic assumptions for the fiscal year's total expenses and total revenues. The water enterprise revenues calculated in the budget document were generated using the existing water rate structure and showed a net deficit of $8,617,261, not including principle repayment of debt and outlay for vehicles and equipment. The net loss also does not include outlay for capital improvements and replacements, which will be funded from reserves restricted for these capital outlays. The magnitude of this deficit underscores the importance of establishing a water rate that will generate the revenue required to fund the continuation of vital services to the community. Page 6 YLWD Water Rate Report — September 2009 Operating and Non - Operating Expenses The Adopted Budget for FY 2009/10 indentifies the total expenses of the District and allocates these expenses appropriately to the water and sewer enterprise funds. The cost to provide water service includes operating and non - operating expenses and capital outlay. Operating expenses include the day to day costs to purchase, deliver water to each service connection and to operate and maintain the water utility infrastructure. Operating expenses also include depreciation of the District's capital assets including reservoirs, booster pump stations, wells, pipelines, buildings, meters, fire hydrants and other appurtenances. Non - operating expenses and capital outlay include principle and interest payments on debt service, vehicle and equipment purchases and capital improvement and replacement expenditures. Exhibit "B" provides a breakdown of the major expenses and outlay components. Variable Water Costs The Variable Water Cost components include the cost of water the District pays to the Municipal Water District of Orange County (MWDOC) for import water, assessments paid to Orange County Water District (OCWD) for local groundwater replenishment and power costs. The costs associated with each of these components are beyond the District's control as these expenses are primarily determined by external entities. In FY 2009/10, Variable Water Costs are anticipated to increase an unprecedented $2.2M from the previous fiscal year. Attached as Exhibit "C" is a graph depicting historical Variable Water Costs since FY 2006/07 and a breakdown with each variable cost component. Import water costs increased 14.1% effective January 1, 2009 and will increase another 19.7% effective September 1, 2009. Furthermore, it is expected this cost will rise another 21.5% by January 1, 2011. While the groundwater replenishment assessment (RA) increased by only 11.7% over the past two years, the basin production percentage (BPP), which establishes the amount of groundwater each agency can pump at the established RA, dropped dramatically from 80.1% in FY 2007/08 to 62% for FY 2009/10. This results in the District having to buy a higher percentage of water from the more expensive import water source. The FY 2009/10 Budget included assumptions which were the basis for the Variable Water Costs. An excerpt of these budget assumptions is attached as Exhibit "D ". The table below presents a summary of the budgeted operating and non - operating expenses and other sources of outlay for FY 2009/10. Page 7 YLWD Water Rate Report — September 2009 Budget FY 2009/10 Operating Expenses Depreciation & Amortization $3,945,750 Variable Water Costs (GW, Import & Power) 12,612,700 Salaries and Benefits 6,538,008 Supplies & Services 4,032,096 Subtotal $27,128,554 Non - Operating Expenses Interest on Long Term Debt $1,981,300 Other 194,500 Subtotal $2,175,800 Other Sources of Outlay Principal of Long Term Debt $825,000 Vehicles & Equipment 628,500 Subtotal $1,453,500 Total $30,757,854 Vehicle and Equipment Expenses The Adopted FY 2009/10 Budget also identifies $628,500 in vehicle and equipment expenses, including purchases to replace vehicles that have surpassed their useful life and have become a maintenance liability. Also included in this category of expenses are new portable pumps and a portable generator that allow the District to augment system capacity during emergencies, and periods of water and power supply outages. These equipment purchases improve the District's reliability and service to its customers. Other expenses related to capital outlay include computer hardware and software upgrades required to complete conversion of the billing, accounting and human resources software systems and install a new computerized maintenance management software system. These additions and conversions will standardize and update the District's technological capability to track and manage District accounting functions more effectively and efficiently. In water rate discussions with the Board of Directors over the past three months, the Board, for FY 2009/10, has decided to fund the vehicle and equipment outlay from reserves, which are the same funding sources for other capital improvement and replacement programs. Page 8 YLWD Water Rate Report — September 2009 Depreciation Expense The District depreciates and amortizes expenses for capital improvement and replacement projects as well as vehicles and equipment with a purchase value in excess of $5,000. This is done in accordance with generally accepted accounting principles (GAAP) and appropriate government accounting practices. In FY 2009/10, depreciation in the water enterprise is estimated to increase to nearly $3.95M as shown in the expenses summary table. This amount represents approximately 13.5% of the District's operating and non - operating expenses. While this expense does not affect the District's cash flow, it does affect the value of net assets. In water rate discussions with the Board of Directors over the past three months, Staff was directed to defer 75% of the depreciation expense in calculating the revenue needs of the District. For this reason, the Water Rate Report considers a water rate that will generate only enough revenue to cover 25% of the depreciation expense. Currently, the District is in the process of developing an Asset Management Plan which will address the funding for replacing facilities in the future, including, but not limited to recommendations related to depreciation. When completed, the Board will re- evaluate the funding recommendations of the plan. The Asset Management Plan is scheduled to be completed by no later than April /2010. Capital Improvement and Replacement Programs In addition to the expenses previously identified, the District is continuing with its aggressive and much needed capital improvement and replacement program. The adopted Budget for FY 2009/10 identifies $44.6M in capital projects over the next five years with $34.5M of this total estimated for outlay in FY's 2009/10 and 2010/11. As stated previously, these projects and programs will be funded from previous general obligation bond fund balances (Improvement Districts 1 and 2 GO Bonds) and the 2008 Revenue Bonds which are currently in District reserves restricted for capital projects. In addition to these funds, with the adoption of the FY 2009/10 budget, the Board restricted the use of the Annexation Fund balance, which was previously reserved to offset yearly operating expenses, to fund the capital improvement program. Attached as Exhibit "E ", is a listing of the District's Capital Improvement Program. Page 9 YLWD Water Rate Report — September 2009 Operating Reserves The Water Operating Fund represents cash and investments dedicated to fund operating expenses. Revenue in excess of requirements to fund operating expenses would be invested and dedicated to reserves. Under the current rate structure, the Water Operating Fund has been decreasing substantially over the past few years, with a projected ending FY 2008/09 negative balance of $4.5M. The Governmental Finance Officers Association (GFOA) recommends a minimum operating (General Reserve) reserve of 5% to 15% of operating revenues or one to two months of operating expenditures (one to two months translates into about 8% to 17% of operating expenditures for the fiscal year). Using the 5 -15% of operating revenue criteria for FY 2009/10, the District would be prudent to maintain a balance of $1,034,355 - $3,103,064 in its Water Operating Reserve. Using the 8 -17% of operating expenditures criteria (which is more commonly used in local governments) the District should maintain an operating reserve balance of $2,344,248 - $4,981,740 during FY 2009/10. The Water Operating Reserve is projected to be approximately negative $4.5M at the close of the FY 2008/09. A one -time transfer of Annexation Reserves has been approved to bring the Water Operating Reserve to zero. If the Board does not adjust the current rates as proposed, the District is budgeted to draw down the Water Operating Reserves to a negative ending balance of $5.5M as of June 30, 2010. Alternatively, if the Board adopts the proposed rate structure, the District is projected to have a positive ending balance in the Water Operating Reserve at year -end of $986,438, which is 25% depreciation expense. Although this amount does not quite meet the standards for reserves most commonly followed, it is preferable to the alternative if the proposed rate structure is not adopted. Revenue Requirements and Revenue Targets The development of the water rate is determined by the expenses derived in the Adopted Budget for FY 2009/10. The approved budget supports the short and long term goals and established objectives of the District and the estimated costs to achieve these objectives, to provide reliable service to the community. As shown in the previous table, the District's water operating and non - operating expenses for FY 2009/10 are estimated to be $30,757,854. The net revenue in FY 2009/10 using the existing water rate structure and other identified revenue sources totals $20,687,093. The sum of these figures nets a shortfall of $10,070,761. Page 10 YLWD Water Rate Report — September 2009 As identified previously in the Vehicle and Equipment and Depreciation sections of this report, the Board of Directors has directed staff to defer 75% of the depreciation expense this year ($2,959,312) and has agreed to fund the vehicle and equipment outlay ($628,500) from reserves. These two decisions reduce the total expenses to $27,170,042, and the revenue shortfall to $6,482,949. With the total adjusted expenses identified, the non - operating revenue identified in the FY 2009/10 Budget of $1,325,400 is deducted from the total adjusted expenses of $27,170,042. This results in a net revenue target of $25,844,642, which represents the amount of revenue that must be generated from the water rates, which is a combination of the basic monthly service charge and the commodity rate. Budget FY 2009/10 Adjusted Operating Expenses Adjusted Depreciation & Amortization (25% only) $986,438 Variable Water Costs (GW, Import & Power) 12,612,700 Salaries and Benefits 6,538,008 Supplies & Services 4,032,096 Subtotal $24,169,242 Non - Operating Expenses Interest & Principal on Long Term Debt $2,806,300 Other 194,500 Subtotal $3,000,800 Non - Operating Revenue ($1,325,400) Net Revenue Requirements $25,844,642 Proposed Water Rate Increase As previously mentioned, the water rates are made up of the basic monthly service charge and the commodity charge. The basic monthly service charge was established in prior years to cover 22% of the fixed operating expenses. For FY 2009/10, this report proposes that the basic monthly service charge cover 25% of these fixed costs, which includes the adjusted depreciation, salaries, benefits, supplies and services, for a total of $2,889,136. The budget assumes the District will serve an average of 23,680 accounts throughout the year. Based on this, the basic monthly service charge is recommended to be $10.20 per month for all meters, regardless of size, class of service, or water usage. Page 11 YLWD Water Rate Report — September 2009 Adjusted Depreciation & Amortization Salaries and Benefits Supplies & Services Total Revenue from Monthly Service Charge Budget FY 2009/10 25% $986,438 $246,610 6,538,008 1,634,502 4,032,096 1,008,024 $2,889,136 $2,889,136 / 23,680 accounts / 12 months = $10.20 1month The balance of the revenue, or approximately $22,955,500 must then be generated by the commodity charge. Alternative 1- Flat Commodity Rate f or all Classes of Service The flat rate commodity charge would apply to all classes of service, regardless of meter size. The commodity charge is calculated by dividing the revenue required, less the revenue generated from the basic monthly service charge, by the number of billing units (hundred cubic feet of water) projected to be sold in FY 2009/10. This amounts to $2.52 per billing unit. $22,955,500 / 9,091,843 billing units = $2.52 1Unit Under this scenario, every $.01 within the commodity rate generates approximately $90,900 in revenues. The following table is a breakdown of the various components that develop the recommended $2.52 commodity rate: Page 12 YLWD Water Rate Report — September 2009 Deductions Basic Monthly Service Charge Collected ($2,889,136) ($0.32) Depreciation (75% - Deferred) - FY 2009/10 (2,959,313) (0.33) Vehicles & Equipment (Funded by reserves) (628,500) (0.07) Other Non - Operating Revenue (Prop. Tax & Misc) (1,325,400) (0.15) Total Deductions ($7,802,349) ($0.86) Net Commodity Rate $22,955,505 $2.52 Alternative 2 - Block Tiered Rate Structure for Single - Family Residential Class Tiered water rate structures are proven to encourage water conservation practices. With the restriction of wholesale water supplies and resulting mandatory water conservation measures, Staff studied an alternative to the flat commodity charge and modeled the impacts of a block tiered rate on water revenues for single family residential accounts. This class of customers represents over 91 % of the total customer base, 71 % of the total water demands and the equivalent associated revenue. All other classes of service, which are not single family residential customers, would be charged the flat commodity charge of $2.52 /Unit. The following tiered structured is recommended should the Board choose this alternative: Tier I Tier II Tier III Tier IV Tier V Consumption FY 2009/10 1 — 10 units 2.17 Budget $ /Unit Expenses & Outlay (Excludes CIP) 2.83 61 — 80 units Variable Water Costs $12,612,700 $1.39 Salaries & Benefits 6,538,008 0.72 Supplies & Services 4,032,096 0.44 Depreciation (100 %) 3,945,750 0.43 Debt Obligations (Principal & Interest) 2,806,300 0.31 Vehicles & Equipment 628,500 0.07 Other 194,500 0.02 Total Expenses & Outlay $30,757,854 $3.38 Deductions Basic Monthly Service Charge Collected ($2,889,136) ($0.32) Depreciation (75% - Deferred) - FY 2009/10 (2,959,313) (0.33) Vehicles & Equipment (Funded by reserves) (628,500) (0.07) Other Non - Operating Revenue (Prop. Tax & Misc) (1,325,400) (0.15) Total Deductions ($7,802,349) ($0.86) Net Commodity Rate $22,955,505 $2.52 Alternative 2 - Block Tiered Rate Structure for Single - Family Residential Class Tiered water rate structures are proven to encourage water conservation practices. With the restriction of wholesale water supplies and resulting mandatory water conservation measures, Staff studied an alternative to the flat commodity charge and modeled the impacts of a block tiered rate on water revenues for single family residential accounts. This class of customers represents over 91 % of the total customer base, 71 % of the total water demands and the equivalent associated revenue. All other classes of service, which are not single family residential customers, would be charged the flat commodity charge of $2.52 /Unit. The following tiered structured is recommended should the Board choose this alternative: Tier I Tier II Tier III Tier IV Tier V Consumption Charge per Unit 1 — 10 units 2.17 11 — 30 units 2.50 31 — 60 units 2.83 61 — 80 units 3.16 81 + units 3.49 Page 13 YLWD Water Rate Report — September 2009 The expense and revenue estimates in the FY 2009/10 Budget are based on a fixed amount of water supplies available at wholesale pricing schedules. Agencies that exceed these allocations may still purchase imported water and local groundwater supplies, but at substantially inflated prices amounting to approximately three times and five times the new wholesale prices. The water supplies allocated to the District in FY 2009/10 from its wholesale suppliers amounts to approximately 21,970 acre feet, which was derived by the suppliers by averaging the three year water demands in calendar years 2004 through 2006 (the baseline). From this baseline, the wholesale water supplies were cut by 15% for FY 2009/10 with a small allowance added back for growth and past conservation practices. Historically, water sales fall short of water purchases on the average by 3 to 8 percent. This difference is labeled as unaccounted for water and is comprised of water losses due to breaks, leaks, mainline flushing for water quality purposes, water used for fire protection purposes, water used for District financed construction projects, street and sewer cleaning, and losses from stuck and inaccurate /aging meters. The FY 2009/10 budget uses 5% as the estimated unaccounted water loss to determine the estimated revenue generated through the metered water sales. This results in 20,872 acre feet (9,091,843 billing units) in water sales. In developing a tiered rate alternative, Staff sampled the historic water use records and selected the single year that matched closest to the water use estimates for FY 2009/10. The closest match was FY 2005/06 with total water sales of 9,122,629 HCF. With this data set, Staff ran an annual revenue calculation with a flat commodity rate of $2.52 and determined the proportion of the total revenue generated by each of the customer classes. The results of these calculations are shown below. FISCAL YEAR 2005/06 Historical Data # of % Billing Units % Service Classifications Services Services Consumption Consumption Residential (Single - Family) 21,193 92.2% 6,506,631 71.3% Residential (Multi - Family) 225 1.0% 197,314 2.2% Commercial 791 3.4% 748,742 8.2% Landscape & Irrigation 782 3.4% 1,669,942 18.3% Total 1 22,991 100% 9,122,629 100% Page 14 YLWD Water Rate Report — September 2009 Staff also performed a statistical comparison using the historical data sets from Calendar Years 2004 through 2006. This is consistent with the period that the District's wholesale supplier used to determine the FY 2009/10 baseline water supply allocation. The average of the three year data did not differ significantly from the FY 2005/06 data set as shown in the table below. Using the three year historical data set, staff also tallied average monthly water usage (demands) for the single family residential customer class and used this data to establish water use blocks or ranges for the tiered water rate structure. CALENDAR YEARS 2004 - 2006 Average Historical Data # of % Billing Units % Service Classifications Services Services Consumption Consumption Residential (Single - Family) 21,014 92.2% 6,608,385 71.0% Residential (Multi - Family) 223 1.0% 233,248 2.5% Commercial 790 3.4% 789,600 8.5% Landscape & Irrigation 773 3.4% 1,671,023 18.0% Total 1 22,800 100% 9,302,256 100% Using the average water demands, staff developed a tiered block rate structure that is revenue neutral within the District's water allocation for FY 2008/09, when compared to the revenue generated by the flat commodity charge for the baseline allocation. The block rate structure generates a higher revenue stream proportionately to the water used within the higher blocks or tiers. The block rate structure also allows for a base indoor use of up to ten units per month at a substantially reduced rate of $2.17 /HCF (Tier 1), when compared to the proposed flat commodity charge of $2.52 /HCF. This first tier, while benefiting all customers, is particularly desirable to customers that tend to use much less water on the average. The next block or tier of use is for 11 to 30 units per month at a slightly discounted rate of $2.50 /HCF (Tier 2). This block represents the average customer use with over 72% of the residential customers falling in or below this range on the average each month over the three year period tested. The vast majority of water used in this and subsequent ranges is for outdoor, irrigation use, which is primarily a non - essential water use. The table below shows the average usage patterns over the data set studied and the associated Tiers 1 through 5 selected. The results are also shown graphically in the chart below the table. Page 1s YLWD Water Rate Report - September 2009 The commodity rate in each tier was adjusted through trial and error, using the FY 2005/06 data set and testing various commodity charges through this data set to model equitable tiered ranges and appropriate revenue percentages within each range. If the revenue generated in any range fell short of revenue requirements, it was adjusted slightly and the model was rerun. If the revenue inside a particular tier ran too high above the equity range, the rate was adjusted down proportionately. The Modeling Results table shows that the revenue generated using the tiered rate structure totals approximately $16.28M, which is consistent with the target revenue (71%) of the total $22.96M revenue target required from the commodity charge. The balance of the revenue from the commodity charge is generated by other class customers including multi - family residential, irrigation, and commercial accounts using the flat commodity charge of $2.52 /HCF. Single Family Residential Water Demands for Calendar Years 2004 - 2006 Page 16 Ave. # % Usage Accts Total Cum % Consumption % Total Cum % Tier 1 0 -10 3,607 16.7% 16.7% 242,815 3.7% 3.7% 11 -20 6,350 29.4% 46.1% 1,211,129 18.6% 22.3% Tier 2 21 -30 5,708 26.4% 72.5% 1,715,584 26.3% 48.6% 31 -40 2,926 13.5% 86.1% 1,227,352 18.8% 67.5% Tier 3 41 -50 1,412 6.5% 92.6% 760,863 11.7% 79.1% 51 -60 697 3.2% 95.8% 460,136 7.1% 86.2% Tier 4 61 -80 574 2.7% 98.5% 468,955 7.2% 93.4% 81 -100 184 0.9% 99.3% 196,255 3.0% 96.4% Tier 101 -200 132 0.6% 100.0% 202,911 3.1% 99.5% 201 -500 10 0.0% 100.0% 31,984 0.5% 100.0% 21,600 100% 6,517,984 100.0% Page 16 YLWD Water Rate Report — September 2009 Percentage Accounts by Range CY 2004 -06 (Single Family Residential Accts) a, 35% C 29.4% 30% 26.4% .N 25% v Q 20% L E 15% 0 10% 0 5% 3.2% 2.7% 0.9% 0.6% 0.0% 0% �o h0 �O �o �o �o �O Average Usage Range (CCF) FY 2005/06 Tiered Rate Model Results (SFR) Per Unit Consumption Revenue % Total Cum % Tier 1 1 -10 units $2.17 2,316,582 $ 5,026,983 30.9% 30.9% Tier II 11 -30 units $2.50 2,598,951 $ 6,497,378 ■ %Total Tier 1 Tier III 31 -60 units $2.83 Tier 2 $ 3,096,020 19.0% Tier 3 Tier 4 Tier 5 16.7% $ 674,177 4.1% 93.9% Tier V 80+ units $3.49 0 $ 990,291 6.1% 100.0% Total 6,506,63 1 $ 16, 284, 849 6.5% FY 2005/06 Tiered Rate Model Results (SFR) Per Unit Consumption Revenue % Total Cum % Tier 1 1 -10 units $2.17 2,316,582 $ 5,026,983 30.9% 30.9% Tier II 11 -30 units $2.50 2,598,951 $ 6,497,378 39.9% 70.8% Tier III 31 -60 units $2.83 1,094,000 $ 3,096,020 19.0% 89.8% Tier IV 61 -80 units $3.16 213,347 $ 674,177 4.1% 93.9% Tier V 80+ units $3.49 283,751 $ 990,291 6.1% 100.0% Total 6,506,63 1 $ 16, 284, 849 Page 17 YLWD Water Rate Report — September 2009 Wholesale Water Charges above Allocation Levels The proposed water rates developed in this report were derived using the expenses and revenues identified in the approved FY 2009/10 Budget. The projected water rate revenues fall substantially short of entirely funding the cost of providing services as identified in the Budget, primarily in the depreciation component and vehicle and equipment outlay. Nonetheless, if the District reaches its water allocation point prior to the end of the fiscal year (June 30, 2010) and District customers still have water demands to be met, additional expenses the District will incur are the substantial added variable water costs, which are unbudgeted. This includes the wholesale cost of the incremental water purchased and the additional energy (power) costs used to pump it through the community. The FY 2009/10 Budget identifies $1,509,900 in energy expenses for pumping water from groundwater wells and through booster pump stations throughout the District's service area. Spread over the baseline of 21,970 AF of water purchases, this amounts to an average power cost for pumping of $68.73 per acre foot. As previously identified in this report and in the assumptions shown in Exhibit "D", the District's water suppliers have set the wholesale price for water purchases above the District's allocation of 21,970 AF, at $1,889 per AF for the first 1,640 AF. The costs are set at $3,077 for every acre foot purchased thereafter. The combined cost for water and power therefore is $1,889 + $68.73 = $1,957.73/AF (wholesale price) for the first overage level above allocation, and $3,077 + $68.73 = $3,145.73/AF (wholesale price) for all water purchased in the second overage level. As there are 435.6 HCF in an acre foot, the unit cost of water above allocation is $1,957.73 divided by 435.6, or $4.49 (Overage Level 1) per unit for the first 1,640 AF and $3,145.73 divided by 435.6, or $7.22 (Overage Level 2) per unit thereafter. As the District has not yet established an equitable and practical method to assess water use efficiencies for each and every customer, the Overage Level Charges can be considered a severe pricing disincentive to further support overall water conservation goals and to encourage water use efficiency for the entire District. The easiest and least expensive approach to administer these potential cost increases, if incurred, would be to apply the Overage Level rates to all customers if the District exceeds its baseline water supply allocation. District staff can track water production and import water purchase on a daily and monthly basis, and can determine if water consumption habits are trending toward causing the District to exceed its baseline water allocation for the year. The District can use proactive customer outreach to notify its customers of positive and negative water use trends and how they may affect water rate increases later in the year. If District customers consciously decide to not adjust their water use habits, Overage Level 1 and Overage Level 2 water rates should be implemented. Page 18 YLWD Water Rate Report — September 2009 The Board may further decide to levy fines or fees for failure to meet conservation goals in accordance with the Water Conservation Ordinance and with the statutory authority granted to the Board. Such fines or fees may be established by separate resolution of the Board of Directors. For example, the Board may choose to establish a fine or penalty of up to $10 per unit of water used in excess of an established allocation. It is clear from the analysis above that the District's increased variable costs alone may increase to $7.22 per unit in Overage Level 2. If the District has collected Overage Level 1, Overage Level 2 or alternate fines for water use above allocations, and following the water year audit, it is determined that the District will not be required to pay for all or any portion of this water at the established allocation prices, the Board may refund the surplus increment, transfer the balance to a rate stabilization fund for future use, commit the balance to active water conservation programs and improvements, or any combination thereof, as determined and approved by the Board of Directors. Conclusions and Recommendations This Water Rate Report proposes a water rate increase for the monthly service charge from $8.35/mo. to $10.20 /mo. for all customers and a commodity charge increase from $1.79 /HCF to $2.52 /HCF. The report also establishes an alternative tiered rate structure for all single family residential accounts as shown below. Tier 1 Consumption Charge per Unit 1 — 10 units 2.17 Tier II 11 — 30 units 2.50 Tier III 31 — 60 units 2.83 Tier IV 61 — 80 units 3.16 Tier V 81 + units 3.49 Furthermore, the report identifies two additional tiers in the commodity charge for water use above the District's water allocation baseline. These tiers are indentified as the Overage Level 1 rate of $4.49 /HCF and the Overage Level 2 rate of $7.22 /HCF. All customer classes would be charged these Overage Level rates in the event the District's water supply purchases exceed its baseline allocation for FY 2009/10 and in the event subsequent Overage Level allocation points are exceeded. Should the Board of Directors implement rate adjustments set forth in this report, it is recommended that the effective date be September 14, 2009. Page 19 YLWD Water Rate Report — September 2009 Questions or comments related to this report may be directed to: Yorba Linda Water District 1717 E. Miraloma Ave Placentia, CA 92870 Tel: (714) 701 -3000 Fax: (714) 701 -3028 Email: info @ylwd.com Prepared by: J Kenneth Vecchiarelli, P.E. General Manager RCE No. 64299 Exp: 6/30/2011 Page 20 YLWD Water Rate Report — September 2009 Exhibit 'X - Proposition 218 Notice Yorba Linda Water District Notice of Public Hearing to Consider Increasing and Modifying Water Rates NOTICE IS HEREBY GIVEN that a public hearing to consider modifying and increasing rates for water service will be held on Thursday, September 10, 2009 at 6:30 P.M. or as soon as possible thereafter in the Yorba Linda Water District Board Chambers, 1717 East Miraloma Avenue, Placentia, CA 92870. At the public hearing, the Board of Directors will consider written objections and protests to the proposed changes that have been received prior to the conclusion of the public hearing. Such protests must be mailed in advance to the attention of the Board Secretary at Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309, delivered in advance of the public hearing to the District offices at the address above and filed with the Board Secretary, or delivered in person and received by the Secretary prior to the conclusion of the public hearing. Water Charee Increase for All Customers and a Tiered Rate Option for Single Family Residential Customers Proposed Effective Date — September 14, 2009 Rate adjustments are being proposed to the water rates due to the increasing costs of operating, maintaining, and replacing the District's water system, the increasing costs of purchasing and delivering safe and reliable water service to the community, in addition to encouraging water users to conserve valuable water resources. The District's water suppliers, in addition to raising their rates significantly, have established a water supply allocation for FY 2009110, starting July 1, 2009. This allocation limits the amount of water that can be purchased at the new wholesale rates, then cuts that historic average by nearly ten percent. Above these limits, additional and dramatic water supply cost increases have been established. Within the allocation limit, the District will pay $701 per acre foot (af), effective September 1, 2009. The District may purchase approximately 1,640 acre feet of additional water at a rate of $1,889 per acre foot (Overage Level 1). Water above this amount may be purchased at $3,077 per acre foot (Overage Level 2). These water costs are truly unprecedented and require a different approach to setting water rates. This wholesale water pricing requires retail agencies to promote water conservation goals to assure costs passed on to our customers, costs that are largely beyond the District's control, stay as reasonable as possible. This public hearing will consider an increase in the water consumption charge per unit, from the current rate of $1.79 to $2.52. One unit of water is equal to 748 gallons. The hearing will also consider the establish- ment of an alternative tiered water rate structure for single- family residential customers that have a dedi- cated water meter serving only their property. These Page 21 customers represent over 90% of the District's account base. The proposed tiers are shown in Table "A'. If the tiered rate alternative is not adopted by the Board, the flat charge of $2.52 per unit, if approved for all other customers, would also apply to single family residential accounts. If approved, the new rates will become effective on September 14, 2009. The tiered rates and associated ranges have been established to be as revenue neutral as practical, using historical average water use ranges, and applying the District's current water supply allocation. Residential customers have an opportunity with the tiered rate structure to lower their water bills within the first two tiers, when compared to the fixed rate charge of $2.52 per unit applied to the same amount of water used. Customers that use water in the higher ranges, pay a higher rate for the increments within that range only. Basic Service Charize Increase Proposed Effective Date — September 14. 2009 This public hearing will also consider an increase to the basic service charge from the current rate of $8.35 per month to $10.20 per month. If approved, this new rate will also take effect September 14, 2009. The basic service charge provides a fixed revenue stream for the District, equivalent to approximately 25% of the fixed Proposed Residential Customers Effective September 14, II' Water Consumed Price Per Unit Tier I 1 — 10 units $2.17 Tier II 11 — 30 units 2.50 Tier III 31 — 60 units 2.83 Tier IV 61 — 80 units 3.16 Tier V 81+ units 3.49 Basic Service Charize Increase Proposed Effective Date — September 14. 2009 This public hearing will also consider an increase to the basic service charge from the current rate of $8.35 per month to $10.20 per month. If approved, this new rate will also take effect September 14, 2009. The basic service charge provides a fixed revenue stream for the District, equivalent to approximately 25% of the fixed YLWD Water Rate Report — September 2009 costs of providing water service. Fixed costs are considered those costs that are not directly related to the purchase of water and the energy required to pump it throughout our service area. Examples of fixed costs include materials, supplies, services, salaries, benefits, and interest and debt principal payments. These costs are incurred regardless of the amount of water purchased and sold. Example Charges of Proposed Rates Your water bill is calculated by taking the units of water used within the billing period (typically thirty days) and multiplying that number times the appropriate water charge per unit. The basic service charge is then added to get the total. The average residential water use is around 30 units per month. An example of a typical 30 unit bill using the current rates is shown below, with the same bill calculated using the proposed new fixed and tiered rate alternatives for single family customers. For all other customers, the same bill calculated using the proposed fixed rate would apply. Current Cost for 30 units of Water (All Customers): Water Charge Water Usage 30 (units) x $1.79 = $53.70 Basic Service Charge 8.35 Total Current Charges $62.05 Proposed Cost for 30 units of Water Using Flat Rate (All Customers) - effective September 14, 2009: Water Charge Water Usage 30 (units) x $2.52 = $75.60 Basic Service Charge 10.20 Total Proposed Charges (Fixed Rate) $85.80 Proposed Cost for 30 units of Water Using Alternative Tiered Rate (Single Family Residential Only) - effective September 14, 2009: Water Charge Tier I Water Usage 10 (units) x $2.17 = $21.70 Tier II Water Usage 20 (units) x $2.50 ° $50.00 Basic Service Charge 10.20 Total Proposed Charges (Tiered Rate) $81.90 Comparative Results: Tiered rate total is $3.90 less than with fixed rate water charge for the average bill of 30 units. Proposed Water Rate for Water Sold Above YLWD's Allocation in FY 2009/10 (Overage Level 1 and 2) The proposed water rates described above were derived using the expenses and revenues identified in the approved Budget for FY 2009/10, along with the target rates and revenues calculated in the Draft 2009 Water Rate Report and as advised by the Board of Directors. The projected water rate revenues fall substantially short of entirely funding the cost of providing services as identified in the Adopted Budget. Nonetheless, if the District reaches its allocation point some time before the Page 22 end of the fiscal year (June 30, 2010) and our customers still have water demands to be met; the only additional expenses the District will need to meet are the new variable water operating costs, which includes the wholesale cost of the incremental water purchased and the additional energy (power) costs used to pump it through the community. The Draft 2009 Water Rate Report shows that the average cost of power for pumping in FY2009 /10 is projected to be $68.73 per acre foot (at). As previously identified in this notice, the District's water suppliers have set the purchase price for water above YLWD's allocation point, at $1,889 per of for the first 1,640 af. The costs are set at $3,077 for every acre foot purchased thereafter. The combined cost for water and power therefore is $1,889 + 68.73 = $1,957.73/af for the first overage level above allocation (wholesale cost), and $3,077 + 68.73 = $3,145.73/af for all water purchased in the second overage level (wholesale cost). As there are 435.6 units in an acre foot, the unit cost of water above allocation is $1,957.73 divided by 435.6, or $4.49 (Overage Level 1) per unit for the first 1,640 of and $3,145.73 divided by 435.6, or $7.22 (Overage Level 2) per unit thereafter. This public hearing will consider an increase in the water consumption charge of $4.49 per unit and 57.22 per unit, respectively, for Overage Level 1 and Overage Level 2, water use above allocation levels. These allocations may be established by separate resolution of the Board of Directors. Alternatively, the Board may choose to establish a fine or penalty of up to $10 per unit of water used in excess of the established allocation. Such fine or penalty must be adopted by separate Board Resolution. If the District has collected Overage Level 1, Overage Level 2 or alternate fines for water use above allocations, and following the water year audit, it is determined that the District will not be required to pay for all or any portion of this water at the above allocation prices, the Board may refund the surplus increment, transfer the balance to a rate stabilization fund for future use, commit the balance to active water conservation programs and improvements, or any combination of the above options, as approved by the Board of Directors at the public hearing. Documents Available for Review: The Adopted FY 2009/10 Budget and the Draft 2009 Water Rate Report may be viewed at the District's offices at the address on the front page of this notice, or by accessing the District's website at www.ylwd.com. If you received this notice, but are not the property owner or the tenant responsible for payment of the water bill, please forward this notice to the responsible party. YLWD Water Rate Report — September 2009 Exhibit "B" - Breakdown of Expenses and Outlay Long Term Debt ($2.8 M) Vehicles & Equipment ($0.6 M) Page 23 YLWD Water Rate Report — September 2009 Exhibit "C" - Historical and Breakdown of Variable Water Costs Page 24 YLWD Water Rate Report — September 2009 Exhibit "D" - Variable Water Costs Budget Assumptions (Source: Excerpts from FY 2009/10 Budget) Variable Water Costs include purchased water from Metropolitan Water District of Orange County ( MWDOC), a readiness to serve (connection charge) and capacity charge from MWDOC, a groundwater replenishment assessment (RA) charge from Orange County Water District (OCWD), natural gas, propane and electricity to transfer water throughout the District's distribution system. • An allocation of 11,727 AF of import water for FY 2009/10 has been set by MWDOC for YLWD. • The MWDOC allocation establishes our total water budget at 21,970 AF for FY 2009/10. • A total of 11,727 AF will be purchased from MWDOC through the year at a rate of $604 /AF from July 1, 2009 through August 31, 2009 and at a rate of $701 /AF from September 1 through June 30, 2010. • Additional import water purchases above the 11,727 AF allocation, up to 1,173 AF ( +10 %), will be charged a rate of $1,889/AF. Additional import water beyond the +10% will be charged at $3,077/AF. • A total of 10,243 AF will be pumped from the groundwater basin and charged a replenishment assessment from OCWD at a rate of $249/AF to maximize the District's BPP of 62 %. • An additional 330 AF may be pumped from the basin with an additional basin equity assessment (BEA) charge of $501 /AF for a total cost of $750 /AF. Additional groundwater pumped above these limits will be surcharged an additional $2,400 for a total cost of $3,150/AF. • The District will pump approximately 2,200 AF of groundwater from the Met storage pool within the basin, in accordance with the terms of the Conjunctive Use Program (CUP) at an average adjusted MWDOC rate of $584/AF. • Energy cost increases averaging 14.5% effective January 2009 are included in the energy component of the variable costs. No additional energy increases are assumed until late summer 2010. Page 25 YLWD Water Rate Report - September 2009 Exhibit "E" - Five Year Capital Improvement Program Previously Approved Projects FY 2009/10 FY 2010/11 FY 2011/12 FY 2012/13 Total Highland Reservoir 3,952,000 1,224,000 5,176,000 New Well 20 590,000 1,025,000 1,615,000 Wells 1,5,12 Upgrade 190,000 190,000 OC -51 Upgrade 100,000 Corrosion Monitoring Program 100,000 Fairmont BPS Pump Retrofit Valley View Pipeline Replacement 400,000 400,000 Zone Reconfig. Pipelines 1,300,000 1,300,000 San Antonio PRS Upgrades 270,000 Plumosa Water Line Relining 270,000 Hidden Hills Reservoir 5,500,000 1,300,000 5,500,000 Fire Flow Impvmts Via Sereno & Ohio 25,000 100,000 125,000 Lakeview Sewer Lift Sta Upgrade 220,000 Mixing /Re -Chlor Facil at 2 Res Sites 220,000 Anaheim Interties 150,000 150,000 Lakeview Fencing & Landscaping 210,000 2,500,000 3,000,000 210,000 GIS Implementation 100,000 100,000 Fairmont Site Improvements 300,000 300,000 Foxtail Pipeline 50,000 195,000 245,000 Elk Mtn. Reservoir Site Impvmts. 300,000 300,000 Palm Ave BPS Replacement 540,000 2,160,000 2,700,000 5,400,000 Zone 5 BPS 270,000 270,000 540,000 1,080,000 FY 2007 -12 Program SUBTOTAL $13,767,000 $5,674,000 $3,240,000 New Projects for CIP Plumosa Site Redevelop. Study 50,000 Asset Management Plan 120,000 Sewer Master Plan 350,000 CMMS Implementation 200,000 Zone Interconnect Stub -ups (3) 120,000 Corrosion Monitoring Program 20,000 Valley View Pipeline Replacement 120,000 Blair Drive Pipeline Replacement 50,000 Highland Pipeline Replacement 120,000 Plumosa Water Line Relining 110,000 Bastanchury Pipeline Replacement 1,300,000 Vista del Verde Valve Replacement 500,000 500,000 Highland BPS Replacement 1,000,000 6,500,000 Mixing /Re -Chlor Facil at 2 Res Sites 100,000 Non -Pot Water Facil for Irrig Use 900,000 900,000 West Wellfield 500,000 2,500,000 3,000,000 Proposed New Projects SUBTOTAL $4,560,000 COMBINED TOTAL $18,327,000 Page 26 3,000,000 $22,681,000 50,000 120,000 350,000 200,000 120,000 20,000 120,000 50,000 120,000 110,000 1,300,000 1,000,000 7,500,000 100,000 1,800,000 9,000,000 $10,500,000 $3,900,000 $3,000,000 $21,960,000 $16,174,000 $7,140,000 $3,000,000 $44,641,000 RESOLUTION NO. 09-15 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT SETTING WATER RATES EFFECTIVE SEPTEMBER 14, 2009 AND AMENDING RESOLUTION NO. 07-17 WHEREAS, pursuant to Water Code Section 31007, the Board of Directors of the Yorba Linda Water District ( "District ") is required to set water rates at a level which will pay for the provision of water services; and WHEREAS, the Board of Directors previously adopted Resolution No. 07 -17 which established water rates effective January 1, 2008. The Board of Directors has considered and approved the 2009 Water Rate Report which supports amendment of portions of Resolution No. 07 -17; and WHEREAS, pursuant to and in compliance with Proposition 218 (California Constitution Art. XIII D), the District mailed notice of a water rate increase to all customers and the Board of Directors has received a proof of mailing; and WHEREAS, pursuant to Proposition 218 the Board of Directors has held a hearing and heard and considered protests; and NOW THEREFORE, the Board of Directors of the Yorba Linda Water District does hereby find, determine, and resolve that it is necessary to adopt the following water rates: Section 1. Resolution No. 07 -17 shall remain in effect except as herein amended. Section 2. The Board of Directors considered the Adopted Budget for FY 2009/2010 and the 2009 Water Rate Report; the Board of Directors hereby determines that the water rate increase described in the Water Rate Report is necessary and sufficient to cover without exceeding the cost to provide water service to each customer. Section 3. The Board of Directors has held a hearing and determined that no majority protest exists. Section 4. The water rates set forth below shall take effect on September 14, 2009. All Potable Water Service All Water Used At: $2.52/100 Cu. Ft Basic Service Charge for All Meter Sizes: $10.20 /Month Resolution No. 09 -15 Setting Water Rates PASSED AND ADOPTED this 10th day of September, 2009 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: John W. Summerfield, President Yorba Linda Water District ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman & Behrens Resolution No. 09 -15 Setting Water Rates RESOLUTION NO. 09-16 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT SETTING WATER RATES FOR SINGLE FAMILY RESIDENTIAL SERVICE EFFECTIVE SEPTEMBER 14, 2009 AND AMENDING RESOLUTION NO. 07-17 WHEREAS, pursuant to Water Code Section 31007, the Board of Directors of the Yorba Linda Water District ( "District ") is required to set water rates at a level which will pay for the provision of water services; and WHEREAS, the Board of Directors previously adopted Resolution No. 07 -17 which established water rates effective January 1, 2008. The Board of Directors has considered and approved the 2009 Water Rate Report which supports amendment of portions of Resolution No. 07 -17; and WHEREAS, pursuant to and in compliance with Proposition 218 (California Constitution Art. XIII D), the District mailed notice of a water rate increase to all customers and the Board of Directors has received a proof of mailing; and WHEREAS, pursuant to Proposition 218 the Board of Directors has held a hearing and heard and considered protests; and NOW THEREFORE, the Board of Directors of the Yorba Linda Water District does hereby find, determine, and resolve that it is necessary to adopt the following water rates: Section 1: Resolution No. 07 -17 shall remain in effect except as herein amended. Section 2. The Board of Directors considered the Adopted Budget for FY 2009/2010 and the 2009 Water Rate Report; the Board of Directors hereby determines that the water rate increase described in the Water Rate Report is necessary and sufficient to cover without exceeding the cost to provide water service to each customer. Section 3. The Board of Directors has held a hearing and determined that no majority protest exists. Resolution No. 09 -16 Setting Water Rates Section 4. The water rates set forth below is for single family residential service and shall take effect on September 14, 2009: All Potable Water Service: 1 Unit = 100 Cu. Ft Basic Service Charge for all Meter Sizes: $10.20 /Month PASSED AND ADOPTED this 10th day of September, 2009 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: John W. Summerfield, President Yorba Linda Water District ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman & Behrens Resolution No. 09 -16 Setting Water Rates 2 Consumption Charge Per Unit Tier 1 1 — 10 Units $2.17 Tier II 11 — 30 Units $2.50 Tier III 31 — 60 Units $2.83 Tier IV 61 — 80 Units $3.16 Tier V 81 + Units $3.49 1 Unit = 100 Cu. Ft Basic Service Charge for all Meter Sizes: $10.20 /Month PASSED AND ADOPTED this 10th day of September, 2009 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: John W. Summerfield, President Yorba Linda Water District ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman & Behrens Resolution No. 09 -16 Setting Water Rates 2 RESOLUTION NO. 09-17 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ( "DISTRICT ") SETTING WATER RATES IMMEDIATELY EFFECTIVE UPON THE DISTRICT EXCEEDING ESTABLISHED WATER ALLOCATION LIMITS AND TEMPORARILY AMENDING RESOLUTIONS NO. 09-15 AND 09 -16 WHEREAS, pursuant to Water Code Section 31007, the Board of Directors of the Yorba Linda Water District is required to set water rates at a level which will pay for the provision of water services; and WHEREAS, the Metropolitan Water District of Southern California, the Municipal Water District of Orange County, and the Orange County Water District have all adopted water allocation plans with tiered rate structures penalizing overuse of water which could potentially result in the District's cost of source water increasing during the coming fiscal year of 2009/2010; and WHEREAS, the Board of Directors adopted Resolutions No. 09 -15 and 09 -16 which establishes water rates as of September 14, 2009 and the Board of Directors has received and considered a water rate study which shows that portions of Resolutions No. 09 -15 and 09 -16 may need to be amended in order to keep up with the potential increased cost of source water; and WHEREAS, pursuant to and in compliance with Proposition 218 (California Constitution Art. XIII D), the District mailed notice of a water rate increase to all customers and the Board of Directors has received a proof of mailing; and WHEREAS, pursuant to Proposition 218 the Board of Directors has held a hearing and heard and considered protests; and NOW THEREFORE, the Board of Directors of the Yorba Linda Water District does hereby find, determine, and resolve that it is necessary to adopt the following water rates: Section 1. The water rates adopted herein temporarily amend and replace the rates established in Resolutions No. 09 -15 and 09 -16 through the end of Fiscal Year 2009/2010, which is June 30, 2010; such amended rates shall take immediate effect for all water used within Water Overage Levels 1 and 2 as defined in the 2009 Water Rate Report and as established by the Municipal Water District of Orange County and as explained in the Notice of Public Hearing attached hereto and incorporated herein. Section 2. This resolution is hereby rescinded and the water rates adopted by the Board of Directors in Resolutions No. 09 -15 and 09 -16 are hereby reestablished effective July 1, 2010. Resolution No. 09 -17 Setting Water Rates Section 3. The Board of Directors considered the Adopted Budget for FY 2009/2010 and the 2009 Water Rate Report; the Board of Directors hereby determines that the water rate increase described in the Water Rate Report is necessary and sufficient to cover the cost to provide water service to each customer. Section 4. The Board of Directors has held a hearing and determined that no majority protest exists. Section 5. The water rates set forth below shall take effect immediately upon the District exceeding established water allocation limits: 5.a. For all water used within Overage Level 1 $4.49 /HCF Basic Service Charge for All Meter Sizes: $10.20 /Month 5.b. For all water used in Overage Level 2 $7.22 /HCF Basic Service Charge for All Meter Sizes: $10.20 /Month PASSED AND ADOPTED this 10th day of September, 2009 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: John W. Summerfield, President Yorba Linda Water District ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman & Behrens Resolution No. 09 -17 Setting Water Rates 2 ITEM NO. 7.1 AGENDA REPORT Meeting Date: September 10, 2009 Subject: Minutes of the Regular Board of Directors Meeting Held August 27, 2009 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: vescription: 082709 BOD - Minutes.doc BOD Mtg Minutes 0&2i�C MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING August 27, 2009 1. CALL TO ORDER The August 27, 2009 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Summerfield at 8:31 a.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT John W. Summerfield, President Paul R. Armstrong Michael J. Beverage Ric Collett STAFF PRESENT Ken Vecchiarelli, General Manager Pat Grady, Asst General Manager Art Kidman, General Counsel Steve Conklin, Engineering Manager Lee Cory, Operations Manager Gina Knight, HR Manager Cindy Navaroli, Interim Finance Director Anthony Manzano, Sr Project Manager Annie Alexander, Executive Secretary DIRECTORS ABSENT William R. Mills, Vice President 4. ADDITIONS /DELETIONS TO THE AGENDA President Summerfield announced that Item Nos. 8.5. and 9.1. needed to be deleted from the agenda. On a motion by Director Beverage, seconded by Director Collett, the Board voted 4 -0 to delete Item Nos. 8.5. and 9.1. from the agenda. 5. PUBLIC COMMENTS Brett Barbre, MWDOC Director, spoke regarding the status of the state's water supply and the Governance Study being conducted by the Orange County Local Agency Formation Commission. Mr. Barbre requested that the Board consider adopting a resolution of support for the current structure of wholesale water distribution within MWDOC's service area. This matter will be discussed at the next Executive - Administrative - Organizational Committee meeting. 6. SPECIAL RECOGNITION 6.1. Mr. Vecchiarelli introduced Cindy Navaroli, newly hired Interim Finance Director. 6.2. Mr. Conklin introduced Anthony Manzano, newly hired Senior Project Manager. 7. CLOSED SESSION Mr. Vecchiarelli requested to delete Item No. 7.1. from the agenda as Mr. Kreisler was not in attendance and there was nothing new to report. On a motion by Director Beverage, seconded by Director Armstrong, the Board voted 4 -0 to delete Item No. 7.1. from the agenda. 7.1. Conference with Labor Negotiators Pursuant to Section 54956.7 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Pat Grady Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association This item was deleted from the agenda. 8. CONSENT CALENDAR On a motion by Director Beverage, seconded by Director Collett, the Board voted 4 -0 to approve the Consent Calendar. Director Collett abstained from voting on Check No. 52261 of Item No. 8.2. as he had a business interest with the company. 8.1. Minutes of the Regular Board of Directors Meeting Held August 13, 2009 Recommendation. That the Board of Directors approve the minutes as presented. 8.2. Payment of Bills, Refunds, and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of $1,091,907.02. 8.3. Progress Payment No. 2 for the Zone Reconfiguration Project Recommendation. That the Board of Directors approve Progress Payment No. 2 in the net amount of $215,217.79 to Ken Thompson, Inc. for construction of the Zone Reconfiguration Project, Job No. 200710. K 8.4. Progress Payment No. 3 for Construction of the Hidden Hills Reservoir Project Recommendation. That the Board of Directors approve Progress Payment No. 3 in the net amount of $53,937.00 to Pacific Hydrotech Corporation for construction of the Hidden Hills Reservoir Project, Job No. 20028. 8.5. Proposed Payment Plan for Grandview Sewer Connection This item was deleted from the agenda and therefore not included in the Consent Calendar. 9. ACTION CALENDAR 9.1. 2009 Water Rate Report This item was deleted from the agenda. 9.2. Draft Responses to 2009 Grand Jury Reports Mr. Grady provided a PowerPoint presentation regarding the Orange County Grand Jury's findings and recommendations. Mr. Grady reviewed staff's recommended responses to each of the findings as well as recommendations made by the Citizens Advisory Committee (CAC). Mark Shock, resident, addressed the Board and stated that he had attended meetings of the CAC and commended the District for its formation. Mr. Shock also commented on the importance of communication with residents regarding District projects and issues. Mr. Barbre addressed the Board and urged the Directors not to implement term limits as recommended by the Grand Jury because of the education process required and loss of experience and historical knowledge. On a motion by Director Beverage, seconded by Director Collett, the Board voted 4 -0 to approve the Grand Jury responses as recommended by staff and authorize the President to execute the responses on behalf of the District. 9.3. Letter of Support for AB 1506 Mr. Vecchiarelli explained that the purpose of the letter was to support AB 1506 which would require the state to accept its own IOU's as credit towards obligations owed to the state. On a motion by Director Beverage, seconded by Director Armstrong, the Board voted 4 -0 to authorize the President to execute correspondence to Assemblyman Joel Anderson in support of AB 1506. K3 9.4. Nominations for Association of California Water Agencies (ACWA) President and Vice President Mr. Vecchiarelli explained that the Board had the option of nominating one of its own Directors for ACWA President or Vice President or supporting the nomination of another candidate. Mr. Barbre addressed the Board and stated that MWDOC had invited the candidates for ACWA Vice President to speak at a recent Board meeting. Following the candidates remarks, the MWDOC Board of Directors voted 7 -0 to support the nomination of Randy Record. On a motion by Director Armstrong, seconded by Director Beverage, the Board voted 4 -0 to take no action on this item. 10. REPORTS, INFORMATION ITEMS AND COMMENTS 10.1. President's Report None. 10.2. Directors' Reports Director Beverage commented on National Geographic's publication titled Water for Tomorrow. Director Collett commented on a recent trip he had taken to Cambria and the methods being used to control development in the area. 10.3. General Manager's Report Mr. Vecchiarelli reported that staff expected the District to end the month above target for 10% water conservation. Only one water conservation ordinance violation was issued during the August and is under appeal. Staff has received approximately 50 written protests regarding the water rate increase which will be provided to the Board for consideration. Mr. Vecchiarelli requested that the Board schedule a special meeting to discuss the 2009 Water Rate Report the first week of September. Following discussion, this meeting was set for September 2, 2009 at 8:00 a. m. 10.4. General Counsel's Report Mr. Kidman commented on a bulletin issued by Best Best & Krieger regarding a court of appeal ruling on monthly minimum charges for water and sewer service. Copies of the bulletin were provided to the Board and public in attendance. 10.5. Future Agenda Items and Staff Tasks None. Mr. Vecchiarelli announced that staff would be arranging for a tour of District facilities for the Board of Directors and members of the Citizens Advisory Committee. CI 11. COMMITTEE REPORTS 11.1. Executive - Administrative - Organizational Committee (Summerfield /Mills) Alternate. Collett Minutes of the meeting held August 17 were provided in the agenda packet. Directors Summerfield and Mills attended. Items discussed during the meeting were as follows: proposed payment plan for Grandview sewer connection; draft responses to 2009 Grand Jury Reports; request for letter of support for AB 1506; annexation to OCWD; City of Yorba Linda and City of Placentia sewers; Board Member attendance at MWDOC and OCWD Board meetings; reports on legislative and grant activities; report on legislative bills; General Counsel's monthly summary billing report; and Directors' and General Manager's fees and expenses. Meeting scheduled for September 15, 4:00 p.m. has been rescheduled to September 16, 4:00 p.m. 11.2. Finance - Accounting Committee (Beverage / Summerfield) Alternate. Mills Meeting scheduled for September 8, 4:00 p.m. has been rescheduled to September 9, 4:00 p.m. 11.3. Personnel -Risk Management Committee (Armstrong /Collett) Alternate. Summerfield Meeting scheduled for September 14, 4:00 p.m. Director Summerfield will be attending this meeting in place of Director Collett. 11.4. Planning- Engineering- Operations Committee (Mills /Armstrong) Alternate. Beverage Meeting scheduled for September 3, 4:00 p.m. 11.5. Public Information - Technology Committee (Collett /Beverage) Alternate. Armstrong Meeting scheduled for September 1, 4:00 p.m. 11.6. MWDOC /OCWD Ad Hoc Committee (Mills /Collett) Alternate. Summerfield Meeting scheduled for September 22, 4:00 p.m. 11.7. City of Placentia Ad Hoc Committee (Beverage /Vecchiarelli) Meeting scheduled for September 17, 4:00 p.m. 61 11.8. Citizens Advisory Committee Minutes of the meeting held August 24 were provided at the meeting. Items discussed during the meeting were as follows: CAC recommendation on water rate increase at public hearing; Orange County Grand Jury Reports; and Water Conservation Ordinance progress report. Meeting scheduled for September 28, 8:30 a.m. 11.9. Revenues and Rates Ad Hoc Committee (Collett /Mills) Meeting to be scheduled. 12. INTERGOVERNMENTAL MEETINGS 12.1. Yorba Linda City Council, August 18 (Armstrong) Director Armstrong attended. Director Beverage commented on a recent newspaper article regarding the sewers in the City of Yorba Linda being funded in part from the City's General Fund. Mr. Vecchiarelli reported that staff would be setting up a meeting with the Mayor and City Manager of Yorba Linda to discuss City and Water District related matters. 12.2. MWDOC Board, August 19 (Staff) Staff did not attend. 12.3. OCWD Board, August 19 (Staff) Staff did not attend. 12.4. Yorba Linda Planning Commission, August 26 ( Summerfield) Director Summerfield attended and commented on a public hearing held at the meeting for construction of a new medical office building for the St. Joseph Health System. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from August 28, 2009 thru September 30, 2009 The Board reviewed the listed meetings with no additional changes. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 9:48 a.m. All Directors in attendance were present. Also present were Messrs. Vecchiarelli, Grady and Kidman and Mses. Knight and Park. C.1 15. 14.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Marc vs. YLWD (Orange County Superior Court — Case No. 00122904) Name of Case: Itani, et al vs. YLWD (Orange County Superior Court — Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (Orange County Superior Court — Case No. 00125994) The Board reconvened in Open Session at 10:14 a.m. President Summerfield announced that no action was taken during Closed Session that was required to be reported under the Brown Act. ADJOURNMENT 15.1. The meeting was adjourned at 10:15 a.m. The next regular meeting of the Board of Directors will be held September 10, 2009 at 6:30 p.m. rA ITEM NO. 7.2 AGENDA REPORT Meeting Date: September 10, 2009 Subject: Minutes of the Special Board of Directors Meeting Held September 2, 2009 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: vescription: 090209 BOD - Minutes.doc BOD Mtg Minutes 09�02,G MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING September 2, 2009 1. CALL TO ORDER The September 2, 2009 special meeting of the Yorba Linda Water District Board of Directors was called to order by President Summerfield at 8:01 a.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT 4. 5. A John W. Summerfield, President William R. Mills, Vice President Paul R. Armstrong Michael J. Beverage Ric Collett STAFF PRESENT Ken Vecchiarelli, General Manager Pat Grady, Asst General Manager Art Kidman, General Counsel Annie Alexander, Executive Secretary ADDITIONS /DELETIONS TO THE AGENDA None. PUBLIC COMMENTS None. ACTION CALENDAR 6.1. 2009 Water Rate Report Mr. Vecchiarelli introduced the item and explained that the draft 2009 Water Rate Report was being provided to the Board for final approval. Mr. Vecchiarelli then responded to questions from the Board regarding the inclusion of a rate comparison chart in the appendix of the report. Following discussion, it was the consensus of the Board that a rate comparison chart not be included in the report as more updated rate information would be available in March 2010 following MWDOC's annual rate study. Mr. Vecchiarelli then responded to questions from the Board regarding the District's debt service ratio and the current budget. Director Collett made a motion, seconded by Director Mills to receive and file the 2009 Water Rate Report. No vote was taken at this time. Further discussion of rate comparisons followed. Director Beverage requested that staff compile a report identifying what portions of the rate increase are attributed to SCE, Gas Co., etc. The motion passed with the Board voting 5 -0. Mr. Vecchiarelli reported that staff was tracking the number of written protests received in regards to the proposed rate increase. Approximately 30 have been received, including two petitions. A good majority are from residents with large lots who are against the tiered rate structure. A summary of all the protests received will be provided to the Board prior to the public hearing on September 10tH 6.2. Resolution of Support for the Municipal Water District of Orange County ( MWDOC) Mr. Vecchiarelli explained that this item was placed on the agenda as staff believed at the time that it would need to be considered by the Board before September 9t". LAFCO has scheduled a public hearing that morning to consider the final draft of its MWDOC Governance Alternatives Study. Since that time, staff has discovered that the Board could consider adoption of this resolution at a later time. Mr. Vecchiarelli then responded to questions from the Board regarding the need for review of the study prior to consideration of the resolution. Further discussion followed. On a motion by Director Beverage, seconded by Director Armstrong, the Board voted 5 -0 on a Roll Call to adopt Resolution No. 09 -14 In Support of the Municipal Water District of Orange County and In Opposition of Efforts to Divide Orange County into North and South Wholesale Water Agencies. 7. ADJOURNMENT 7.1. The meeting was adjourned at 8:53 a.m. The next regular meeting of the Board of Directors will be held September 10, 2009 at 6:30 p.m. K AGENDA REPORT Meeting Date: September 10, 2009 Budgeted: Total Budget: To: Board of Directors Cost Estimate: Funding Source: From: Ken Vecchiarelli, General Manager Account No: Presented By: Cindy Navaroli, Interim Finance Dept: Director Reviewed by Legal: Prepared By: Maria Trujillo, Accounting Assistant CEQA Compliance: Subject: Payments of Bills, Refunds, and Wire Transfers ITEM NO. 7.3 Yes N/A $888,271.93 All Funds N/A Finance N/A N/A SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $888,271.93. DISCUSSION: The major items and wire transfers on this disbursement list are as follows: A check of $53,156.25 to Paulus Engineering for Job 200901 progress payment; a check of $257,542.74 to Schuler Engineering for Job 200309 progress payment; and, a check of $80,537.64 to Southern California Edison for July 2009 billing on various sites. The balance of $256,273.63 is routine invoices. ADP is now issuing our payroll checks, with the exception of the third party checks. The Accounts Payable check register total is $647,510.26; Payroll No. 17 total is $240,761.67; and, the disbursements of this agenda report are $888,271.93. A summary of the checks is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi - monthly. ATTACHMENTS: Description: Type: CkReg910 BB.xls Check List 9/10/09 Backup Material 09 -CS 910.doc Cap Sheet 9/10/09 Backup Material Yorba Linda Water District Check Register For Checks Dated: 8/28/2009 to 9/10/2009 Check No. Date Vendor Name Amount 52384 09/10/2009 4 Imprint Inc 14,589.66 52294 08/28/2009 Abigail Abbott Staffing Svc 6,913.65 52299 09/10/2009 Abigail Abbott Staffing Svc 5,423.65 52300 09/10/2009 ACWA -Assn Of Ca Water 869.26 52301 09/10/2009 Advanced Infrastructure 5,437.50 52309 09/10/2009 Alsco 274.04 52302 09/10/2009 Anaheim Wheel & Tire 105.00 52303 09/10/2009 Aqua- Metric Sales Co. 10,605.11 52304 09/10/2009 ARB / PERP 150.00 52305 09/10/2009 Artistic Maintenance, Inc 3,612.35 52307 09/10/2009 AT & T 45.09 52306 09/10/2009 AT & T - Calnet2 4,154.19 52308 09/10/2009 Atwood Sales 320.57 52321 09/10/2009 C. Wells Pipeline 1,109.95 52310 09/10/2009 CDW Government, Inc 39.52 52311 09/10/2009 Certified Laboratories 395.46 52312 09/10/2009 Certified Laboratories 435.97 52313 09/10/2009 Cindy Navaroli, CPA 8,868.75 52314 09/10/2009 Citizen's Business Bank 28,615.86 52315 09/10/2009 Cla -Val Co. 649.53 52316 09/10/2009 Coastal Ignition & Controls 1,716.69 52317 09/10/2009 Coastline Equipment 314.43 52318 09/10/2009 Cogsdale Services Corporation 2,520.83 52319 09/10/2009 Costco Membership 50.00 52320 09/10/2009 Culligan 1,805.90 52324 09/10/2009 D.R. Criske Trucking Inc 295.26 52322 09/10/2009 Dangelo Co. 600.00 52323 09/10/2009 Dapper Tire Co. Inc. 955.35 52296 09/10/2009 Demolition Services Inc 996.94 52325 09/10/2009 E. G. Brennan & Co., Inc 353.44 52326 09/10/2009 Eisel Enterprises, Inc. 1,425.66 52327 09/10/2009 Federal Express 80.91 52328 09/10/2009 Filter Recycling Services, Inc 97.75 52329 09/10/2009 Fry's Electronics 230.81 52330 09/10/2009 Graybar Electric Co 1,084.19 52331 09/10/2009 Hach Company 2,334.36 52297 09/10/2009 Haitbrink Asphalt Paving Inc 950.00 52332 09/10/2009 Home Depot Credit Services 168.83 52333 09/10/2009 Infosend Inc. 13,756.33 52334 09/10/2009 Interiors By Jani -Tress 8,856.00 52339 09/10/2009 J & S Construction 4,975.00 52335 09/10/2009 Jackson's Auto Supply - Napa 835.28 52336 09/10/2009 Jesus Sosa 100.00 52337 09/10/2009 Jon'S Flags & Poles, Inc. 880.33 52338 09/10/2009 Joseph G. Pollard Co., Inc 23,940.00 52340 09/10/2009 Katrina Brown 1,614.96 52341 09/10/2009 Leighton Consulting, Inc. 1,406.50 52342 09/10/2009 Liebert Cassidy Whitmore 8,573.00 52343 09/10/2009 LPR 250.11 52344 09/10/2009 Matt Chlor Inc. 1,150.00 52345 09/10/2009 Mc Master -Carr Supply Co. 165.06 52346 09/10/2009 Miguel Serna 1,132.90 52347 09/10/2009 Minuteman Press 70299 52348 09/10/2009 Morton Salt 2,844.14 52349 09/10/2009 Muzak Oa 65.25 52350 09/10/2009 MWH Americas, Inc. 4,472.11 52351 09/10/2009 National Notary Assn. 33.00 52352 09/10/2009 Nickey Petroleum Co 4,555.06 52353 09/10/2009 O.C. Driveline 351.11 52354 09/10/2009 Office Solutions 420.82 52355 09/10/2009 Orange County Water Assn 300.00 52397 09/10/2009 P.T.I. Sand & Gravel, Inc. 1,432.08 52356 09/10/2009 Parts Source Anaheim 173.88 52357 09/10/2009 Paulus Engineering Inc. 53,156.25 52358 09/10/2009 Peck Road Truck Center 1,962.78 52391 09/10/2009 Peninsula Pump Corp 2,655.77 52392 09/10/2009 Pete's Parts & Accessories 317.11 52393 09/10/2009 Plumbing And Industrial Supply 138.79 52394 09/10/2009 Praxair Distribution 215.64 52395 09/10/2009 Project Partners, Inc. 4,090.50 52396 09/10/2009 Psomas & Associates 5,658.08 52398 09/10/2009 Quinn Power Systems Associates 1,470.78 52399 09/10/2009 R J Services, Inc 787.50 52400 09/10/2009 Ryan Press 81.56 52413 09/10/2009 SARBS -CWEA 100.00 52401 09/10/2009 Schuler Engineering Corp. 257,542.74 52402 09/10/2009 Scott W. Moulton 6,736.25 52403 09/10/2009 Selman Chevrolet Company 64.99 52404 09/10/2009 Shred -It Los Angeles 72.15 52405 09/10/2009 South Coast AQMD 402.21 52406 09/10/2009 Southern Calif Edison Co. 80,537.64 52407 09/10/2009 Southern Calif Gas Co. 17,830.08 52408 09/10/2009 Stacy Bavol /Petty Cash 16.90 52409 09/10/2009 Staples Business Advantage 508.48 52410 09/10/2009 Sunstate Equipment Co 62.21 52411 09/10/2009 Support Product Services 10,867.39 52412 09/10/2009 Tech Pro Sales & Service, Inc 722.10 52388 09/10/2009 Time Warner Cable 298.03 52414 09/10/2009 Transcat 761.37 52298 09/10/2009 Tristan Engineering Contractors Inc 907.04 52415 09/10/2009 United Industries 114.75 52389 09/10/2009 USA Blue Book 574.37 52385 09/10/2009 Vision Service Plan 1,607.89 52386 09/10/2009 Wells Supply Co 4,745.64 52416 09/10/2009 William Mills 20.90 52295 09/10/2009 Yorba Linda Housing Partners 900.00 Total $647,510.26 September 10, 2009 CHECK NUMBERS: Manual Check 52294 $ 6,913.65 Computer Checks 52295 — 52358 52384 —52416 $ 640,596.61 TOTAL OF CHECKS $ 647,510.26 Void Checks 52359 TO 52383 PAYROLL NO. 17 (including ADP checks): DISTRICT CHECK NUMBERS: Manual Checks 4350 TO 4354 $ 240,761.67 -------------------------------------------------------------------------------------------------------------------- TOTAL: $ 888,271.93 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF SEPTEMBER 10, 2009 ------------------------------------------------------------------ ------------------------------------------------------------------ TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS AS FOLLOWS: WATER $ 804,178.81 SEWER $ 21,195.72 I D# 1 $ 61, 948.04 I D# 2 $ 949.36 TOTAL: $ 888,271.93 ITEM NO. 7.4 AGENDA REPORT Meeting Date: September 10, 2009 Budgeted: Yes Total Budget: $250,000 To: Board of Directors Cost Estimate: $250,000 Funding Source: Sewer Operating Fund From: Ken Vecchiarelli, General Account No: 201 -2700 Manager Job No: J- 200905 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Hank Samaripa, Project CEQA Compliance: Exempt Engineer Subject: Progress Payment No. 1 for Lakeview Sewer Lift Station SUMMARY: The Notice to Proceed for the Lakeview Sewer Lift Station Rehabilitation was issued August 11, 2009. Work includes replacement of the wet well pumps, new 3 phase electric service, new control panel, and miscellaneous appurtenances. The successful low bid contractor was Schuler Engineering Corporation. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 1 in the amount of $2,925.00 to Schuler Engineering Corp. DISCUSSION: In accordance with the contract documents, Schuler Engineering submitted a request for Progress Payment No. 1 in the amount of $2,925.00 for completed work through August 31, 2009. During this period, the contractor began mobilization and paid for bonds for the project. The status of the construction contract with Schuler Engineering Corp. is as follows: • The current contract is $132,087.00 and 120 calendar days starting August 11, 2009. • If approved, Progress Payment No. 1 is $3,250.00 (2.4% of the total contract amount) less 10% retention of $325.00 for a net payment of $2,925.00. • If approved, total Progress Payment No. 1 to date including retention is $3,250.00 (2.4% of the total contract amount). • As of August 31, 2009, 20 calendar days were used (16.6% of the contract calendar days). Staff reviewed the Progress Payment request and recommend payment. A copy of the Progress Payment Request No. 1 is attached for your information. PRIOR RELEVANT BOARD ACTION(S): The Board previously approved the Lakeview Sewer Lift Station Rehabilitation Project in the FY2007 -2012 Capital Improvement Program in May 2005. On May 14, 2009, the Board of Directors authorized the President and Secretary to execute an Amendment to the Professional Service Agreement with Tetra Tech Consultants in the amount of $19,960, which allowed the completion of the Lakeview Sewer Lift Station plans and specification and provided for support engineering services during construction. Construction bids were received and a construction contract in the amount of $137,087.00 was awarded to the low bidder, Schuler Engineering on July 9, 2009. ATTACHMENTS: Description: Type: SchulerPP 1 082709.pdf Progress Pay No. 1 Lakeview Lift Station Backup Material YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Lakeview Sewer Lift Station PROGRESS PAY REQUEST NO- 1 LOCATION Yorba Linda PROJECT NO. J-0905 PAGE OF PAGES CONTRACTOR Schuler Engineering DATE ORIGINAL CONTRACT AMOUNT: $ 132,087 AUTHORIZED CHANGE ORDERS: A - REVISED CONTRACT AMOUNT: $ 132,087 PAY ESTIMATE FOR PERIOD August 1, 2009 TO PREVOUS THIS MONTH VALUE OF WORK COMPLETED CHANGE ORDER WORK COMPLETED TOTAL VALUE OF WORK COMPLETED LESS RETENTION 10% LESS OTHER DEDUCTIONS AMOUNT DUE THIS ESTIMATE LESS AMOUNT PREVIOUSLY PAI D BALANCE DUE THIS ESTIMATE TICE TO PROCEED MPLETION TIME ED TIME EXTENSIONS ) TAL CONTRACT TIME ME EXPENDED TO DATE ME REMAINING CALENDAR DAYS CALENDAR DAYS CALENDAR DAYS Zra —CALENDAR DAYS I 'LA- CALENDAR DAYS - 1 $ kugust 31, 2009 TO DATE 00 � $ 3,250,00 $ 3,250.00 $ 3,250,00 $ 325.00 $ 2,925-00 $ 2,925-00 REQUESTED BY: DATE: has Wick - Sdhuler Engineering Owners >1 APPROVED BY: -Hank Sam**-YLWD DATE: �ppresenfa-tive -- APPROVED BY- DATE: OWNER 4 Stave Conklin -YLWD Pay Estimate # 1- 8- 31- 09.xls PROJECT NAME: LAKEVIEW LIFT STATION CONTRACTOR: SCHULER ENGINEERING CORP. PROGRESS EST. # 01 PROJECT #: J- 2009(15- SEC -# S -0912 ADDRESS: 564 West Bateman Circle, Corona, Calif. 928 PERIOD: Start to 8••31 -09 PHONE: 909 -738 -9215 I ITEM #. DESCRIPTION BID UNIT QUANTITY QUANTITY QUANTITY UNIT TOTAL. VALUE TOTAL VALUE QUANTITY THIS PERIOD PREY PERIOD TODATE ' PRICE TODATE THIS PERIOD 1 Mobil ization /bonds/perrnits Mohilization/bondslpermits /demob 1 LS 1 50 50 65' 3250 3250 2 Furnish & install 2-chopper rartra p s Furnish & install 2- chopper pumps 1 LS F 0 800 0' 0 31 Paint exisitng & new pipe /valves Paint existing and new pipe /valves 1 LS 0 50 0 O -- - -- -- - 4 Furnish elec. pump control panel COMMENTS Page 1 Meeting Date: To: From: Presented By: Prepared By: Subject SUMMARY: AGENDA REPORT September 10, 2009 Board of Directors Ken Vecchiarelli, General Manager Steve Conklin, Engineering Manager Budgeted: Total Budget: Cost Estimate: Funding Source: Account No: Job No: Dept: Reviewed by Legal: Joe Polimino, Project Engineer CEQA Compliance: ITEM NO. 7.5 Yes $280,000 $280,000 ID No. 1 GO Bonds 101 -2700 200901 Engineering No Exempt Progress Payment No. 1 for the San Antonio Pressure Reducing Station Upgrade Project On April 27, 2009, bids were received from 11 contractors for the construction of the San Antonio Pressure Reducing Station Upgrade Project. It will consist of removing the upper half of the underground vault, installation of new pressure reducing valves and piping, and rebuilding the vault with improved access, lighting and ventilation. The low bid was $236,250 by Paulus Engineering, Inc. The Engineer's Estimate was $280,000. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 1 in the net amount of $53,156.25.00 to Paulus Engineering, Inc. for construction of the San Antonio Pressure Reducing Station Upgrades Project, Job No. 200901. DISCUSSION: In accordance with the contract documents, Paulus Engineering, Inc. submitted a request for Progress Payment No. 1, in the amount of $59,062.50 for completed work through August 31, 2009. During this period, the contractor assigned various personnel to the project and began preparation and processing of equipment submittals for review to Psomas, the design engineer for the project. The status of the construction contract with Paulus Engineering, Inc. is as follows: • The current contract is $236,250.00 and 100 calendar days starting June 22, 2009. • If approved, Progress Payment No. 1 is $59,062.50 (25.0% of the total contract amount), less 10% retention of $5,906.25 for a net payment of $53,156.25. • Total payments to date including retention are $59,062.50 (25.0% of the total contract amount). • As of August 31, 2009, 71 calendar days were used (71.0% of the contract time). District staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 1 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): On December 4, 2008, the Board of Directors authorized the President and Secretary to Amend the Consultants Agreement with Psomas, in the amount of $43,125 for additional work to provide design services and bid assistance for upgrades to the San Antonio PRS in conjunction with the Zone Reconfiguration Project, Job No. 200710. ATTACHMENTS: Description: Type: Paulus Progress Pay Report 1.pdf Paulus Progress Pay Hequest t Backup Material YQRBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT San Antonio Pressure Reducing PROGRESS PAY REQUEST NO. 001 Station LOCATION Yorba Linda, CA PROJECT NO. 200901 PAGE 1 OF 1 PAGES CONTRACTOR Paulus Engineering, Inc. DATE 8127109 I ORIGINAL CONTRACT AMOUNT: $ 236,250.00 AUTHORIZED CHANGE. ORDERS: $ - REVISED CONTRACT AMOUNT: $ 236,250.00 PROGRESS PAY ESTIMATE FOR PERIOD June 22, 2009 TO Augusl PREVIOUS THIS MONTH VALUE OF WORK COMPLETED $ - $ 59,06150 1 $ CHANGE ORDER WORK COMPLETED $ - $ - $ TOTAL VALUE OF WORK COMPLETED $ - $ 53,062.50 $ LESS RETENTION 10% LESS OTHER DEDUCTIONS NET EARNED TO DATE LESS AMOUNT PREVIOUSLY PAID BALANCE DUE THIS ESTIMATE Electronic Wire Fees NOTICE TO PROCEED June 22, 2005 COMPLETION TIME 100 CALENDAR CLAYS APPROVED TIME EXTENSIONS 0 CALENDAR DAYS TOTAL CONTRACT TIME 100 CALENDAR DAYS TIME EXPENDED TO DATE 71 CALENDAR HAYS TIME REMAINING 29 CALENDAR DAYS 0 31, 2009 TO DATE 59.(�2.5D I f REQUESTED BY: DATE: ,Eason uI , V.P., Paulus Engineering, Inc. APPROVED BY: DATE: 44/09 esus Sosa, Construction Inspector, YLWD APPROVED BY: DATE: Steve Conklin, Engineering Manager, YLWD 156.25 156.25 Meeting Date: To: From: Presented By: Prepared By: Subject SUMMARY: AGENDA REPORT September 10, 2009 Board of Directors Ken Vecchiarelli, General Manager Steve Conklin, Engineering Manager Budgeted: Total Budget: Cost Estimate: Funding Source: Account No: Job No: Dept: Reviewed by Legal: Joe Polimino, Project Engineer CEQA Compliance: ITEM NO. 7.6 Yes $11.2M 11.2M Water Revenue Bond 101 -2700 J- 200309 Engineering No MND Progress Payment No. 16 for the Highland Reservoir Replacement Project The Board of Directors awarded a contract to Schuler Engineering for construction of the Highland Reservoir Replacement Project on April 10, 2008 and approved a project construction budget of $11.2M on May 15, 2008. Submitted for consideration is construction Progress Payment No. 16. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 16 in the net amount of $257,542.74 to Schuler Engineering Corporation and 10% retention of $28,615.86 deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309. DISCUSSION: In accordance with the contract documents, Schuler Engineering Corporation submitted a request for Progress Pay No. 16 for the period ending August 31, 2009. This progress pay request includes payment for the continued installation of rebar and formwork for the base slab of the north -east reservoir bay. The contractor also placed approximately 461 c.y. of concrete into prepared bottom slab forms. The status of the construction contract with Schuler Engineering is as follows: • The current contract amount is $9,384,921.44 and 769 calendar days (includes $335,575.44 in authorized change orders and additional 39 calendar days with approved time extensions). • If approved, Progress Payment No. 16 is $286,158.60 (3.0% of the revised contract amount) less 10% retention of $26,615.86 for a net payment of $257,542.74. • If approved, total progress payments to date including retentions are $5,430,115.25 (57.9% of the total revised contract amount). • As of August 31, 2009, 456 calendar days were used (59.3% of the revised contract calendar days). Staff and Carollo Engineers, the District's construction management consultant, reviewed the progress payment request and recommend payment. A copy of Progress Payment Request No. 16 is attached for your information. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors awarded a construction contract to Schuler Engineering on April 10, 2008 in the amount of $9,049,346 for construction of the project. On May 15, 2008, the Board approved execution of a Professional Service Agreement with Carollo Engineers in the amount of $605,856 for engineering support services, construction management and backup inspection services; a Professional Service Agreement with Leighton Consulting Engineers in the amount of $86,200 for geotechnical services, soils, concrete and materials testing; a Professional Service Agreement with BonTerra Consulting in the amount of $22,251 for environmental compliance services; and approved the construction budget in the amount of $11,200,000 for construction of the Highland Reservoir Replacement Project. On April 9, 2009, the Board approved an amendment to BonTerra's Professional Services Agreement in the amount of $15,700 for additional environmental compliance services. The Board has approved 15 progress payments to date, the most recent of which was approved on August 13, 2009. ATTACHMENTS: Description: Schuler_ Engineering _PPR_16 Highland_Reservoir.pdf Schuler Engineering PPR16 Highland Res4� c YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Highland Reservoir PROGRESS PAY REQUEST NO, 16 LOCATION Yorba Linda PROJECT NO. J- PAGE 1 OF 1 PAGES 200305 CONTRACTOR Schuler Engineering DATE August 31,2009 ORIGINAL CONTRACT AMOUNT: $ 9,049,346.00 AUTHORIZED CHANGE ORDERS: $ 335,575.44 REVISED CONTRACT AMOUNT: $ 9,384,921.44 PROGRESS PAY ESTIMATE FOR PERIOD August 1, 2009 TO August 31, 2009 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 4,814 798.73 $ 286,158.60 $ 5, CHANGE ORDER WORK COMPLETED $ 329,157.92 $ - $ TOTAL VALUE OF WORK COMPLETED $ 5,143,956.65 $ 286,158.6{3 $ 5, LESS RETENTION 10% $ LESS OTHER DEDUCTIONS AMOUNT DUE THIS ESTIMATE $ 4, LESS AMOUNT PREVIOUSLY PAID $ 4, BALANCE DUE THIS ESTIMATE $ TO PROCEED ICOMPLETION TIME (APPROVED TIME EXTENSIONS ITOTAL CONTRACT TIME EXPENDED TO DATE REMAINING June 2,2008 730 CALENDAR DAYS 39 CALENDAR DAYS 769 CALENDAR DAYS 456 CALENDAR DAYS 313 CALENDAR DAYS REQUESTED BY: / k1l DATE: '-eCHULtrik 149GMERING-CONTRACTOR Chas Wick APPROVED BY: CA � DATE: ROLED- OWiVER'S- REPRESENTATIVE Brian Wilson APPROVED BY: _ DATE: YLWD- OWNER Steve Conklin 157.92 115.25 011.54 Meeting Date: To: From: Presented By: Prepared By: Subject SUMMARY: AGENDA REPORT September 10, 2009 Board of Directors Ken Vecchiarelli, General Manager Steve Conklin, Engineering Manager Budgeted: Total Budget: Cost Estimate: Funding Source: Account No: Job No: Dept: Reviewed by Legal: Joe Polimino, Project Engineer CEQA Compliance: ITEM NO. 7.7 Yes $11.2M $11.2M Water Revenue Bond 102 -2700 200309 Engineering No MND Approval of Change Order No. 3 for the Highland Reservoir Replacement Project The Board of Directors awarded a contract to Schuler Engineering for construction of the Highland Reservoir Replacement Project on April 10, 2008 and approved a project construction budget of $11.2M on May 15, 2008. Submitted for consideration is construction Change Order No. 3. STAFF RECOMMENDATION: That the Board of Directors approve Change Order No. 3 in the amount of $96,272.43 and 35 additional calendar days to Schuler Engineering Corporation for construction of the Highland Reservoir Replacement Project, Job No. 200309. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee discussed this item at its meeting held September 3rd and supports staff recommendation. DISCUSSION: In accordance with the contract documents, Schuler Engineering submitted Change Order No. 3, which includes District - initiated changes, additions and modifications resulting from field conditions encountered during the course of construction to date. Proposed Change Order No. 3 also includes credits to the District for decreased depth of an 18 -inch storm drain and a welding credit for a 36- inch valve. A copy of Change Order No. 3 is attached for your review and information. Details of some other significant items in the change order are listed below. Change Order Request (COR) 25: An existing 26" steel line was identified for removal and replacement with a 30" line along the same alignment, in a trench up to 30 feet deep. However, the alignment of the existing pipe skewed outside the alignment and trench line of the replacement pipeline. The variation in alignment required additional deep- trench excavation and four extra days of work by the contractor.COR 26: An existing 30" pipeline was deeper than shown on the drawing at the new 30" storm drain crossing. This required the new storm drain to be installed deeper, with additional shoring and excavation, at additional cost and time. COR 33: The District received a call from a neighbor concerned about the height of the material stockpile in front of her house across Highland Avenue. The District directed Schuler to take additional measures to address the concern, resulting in the installation of a temporary concrete barrier. COR 40: An existing pipe was not the same diameter as indicated on the drawings and required the fabrication of an additional transition piece. The existing pipe had a significantly larger than normal concrete support block that had to be removed to facilitate the tie in and was not indicated on the plans. COR 47: As a result of the relocation of the overflow outlet and associated piping, a delay occurred to the electrical contractor's installation of the electrical conduits. This work had to be performed in six durations instead of three durations planned for the relocation work and other piping changes. The three additional mobilizations also required additional materials. The status of the construction contract with Schuler Engineering is as follows: • The original contract is $9,049,346 and 730 calendar days starting June 2, 2008. • Authorized change order to date amount is $335,575.44 (4.0% of the original contract amount) and 39 calendar days (5.3% of original contract calendar days). • If approved, Change Order No. 3 adds $96,272.43 (1.1 % of the original contract amount) and 35 calendar days (4.8% of original contract calendar days). • If approved, the percentage of change orders to the original contract amount is 4.8 %. • If approved, the percentage of original contract calendar days to additional days is 10.1 %. • If approved, the revised construction contract amount is $9,481,193.87 and 804calendar days. Staff and Carollo Engineers, the District's construction management consultant, reviewed the change order request and recommend approval. PRIOR RELEVANT BOARD ACTION(S): On April 10, 2008, the Board awarded a construction contract to Schuler Engineering in the amount of $9,049,346 for construction of the project. On May 15, 2008, the Board approved execution of a Professional Service Agreement (PSA) with Carollo Engineers in the amount of $605,856 for engineering support services, construction management and backup inspection services; a PSA with Leighton Consulting in the amount of $86,200 for geotechnical services, soils, concrete and materials testing; a PSA with BonTerra Consulting in the amount of $22,251 for environmental compliance services; and approved the construction budget in the amount of $11,200,000 for construction of the Highland Reservoir Replacement Project. The Board has approved two Change Orders and fifteen Progress Pay Requests to date, the most recent of which was approved on March 12, 2009, and August 13, 2009, respectively. ATTACHMENTS: Description: Type: Highland Reservoir CO 3 Schuler Engineering. df Highland Reservoir Project Change Order No. 3 Backup Material YORBA LINDA WATER DISTRICT CHANGE ORDER NO. DATE 8/18/09 Page 3 I of 2 Highland Reservoir — -- - - - - - - - --- - ----------------------------- - - - +INCREASE CONTRACT NAME: CONTRACT AMT.: $ 9,049,346.00 DAYS: 730 Replacement TIME +EXTENSION I OR -REDUCTION CONTRACT NO.: J-200309 PREV.APPRVD, $3$5,575.44 DAYS: 39 (DAYS) CHANGES: CONTRACTOR! Schuler Engineering THIS CHANGE: $96,272.43 DAYS- 35 — ----- - ---- OWNER: Yorba Linda Water District REVISED CONTRACT $9,481,193.87 DAYS: 804 AMT: This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner- 0 days ------------ - — -- - - - - - - - --- - ----------------------------- - - - +INCREASE CONTRACT DESCRIPTION OF CHANGES IOR — DECREASE IN TIME +EXTENSION I OR -REDUCTION CONTRACT (DAYS) AMOUNT COP 7: Decreased depth of 18" SD to MH #33 ($456-00) 0 days COP 18: 36" Valve, V-5, at point 35 welding credit ($5,552.00) 0 days COR 23: Additional liner under reservoir $1,500-00 3 days COR 25: Excavate and remove 26" steel pipe, skewed under 30" SD $14,315.00 4 days -COR 26: Excavate and shore 30-SD under lower 30-steel pipe $9,212.00 2 days -COR 28: Dig & Ex V-255 2 times wrong location $4,050.00 1 days COP 29:Regrade Highland Ave before race on 4126109 $1,069.00 1 days $625.00__ 1 days -COR 30: Remove & Recompact matl in NW Corner Res COP 31: Fix Leak in 26" stl line during dig for 6" drain $2,542.00 2 days COR 32: Brace & cradle for 20" AC Pipe & Valve w/ kicker $1,759.00 1 days _COR 33: Place K-rail N. side Reservoir @ access road $6,826.00 1 days COP 34: 8 guard post $6,772,00 2 days COR 35: Grade & Place Recycled AC Material on public road $3,361.54 1 days COR 36: RFl #20 raise ohs HM to 420.5 from 414 $9,269.00 2 days COP. 37: Add 4 sign on horse trail per YLWD $598.00 0 days COP 38: Extra Temp fence screening per YLWD $1,331.00 1 days COR 39: RF1 13 Pothole #4, tie-in#1 $0.00 0 days COR 40: RFI 13 Pothole #11, tie-in #3, 18" on 30" Changes $7,056.00 3 days COR 41: RR 13 Pothole #2, tie-in #4, 30" re-alignment $4,733.00 0 daysWWWWWWWW COR 43: American Wrecking CO #1 -scrap price change - --------- $7,006.17 0 days COR ": American Wrecking CO #2-delay time photos $2,585.37 —i5)480-21 l.-days COR 45: American Wrecking CO #3-thicker concrete $6,009-00 3 days 3 days COR 47: EIS CO#3 extra mobilizations COP 49: Add 3 each 6" Ball float checks under vaults $2,389.00 2 days COP SO: Added 1" low flow air vac. $987.00 1 days COR 61: 30'V ditch extension $2,805.14 0 days c�� �1 %gib f 771 5� NET CHANGE $96,272.43 35 days REVISED CONTRACT AMOUNT AND TIME $9,481,193.47 884 days YGRBA LINDA WATER DISTRICT CHANGE GIRDER NO. DATE j Page 91 of 2.__ The amount of the contract will be increased by the sum of 96_ 2_72.43 and the contract time shall be increased by thirty-five 35 calendar days. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items, This document will become a supplement of the contract and all provisions will apply hereto. It Is understood that the Change Order shall be effective when approved by the Owner. This change order constitutes full, final, and complete compensation to the contractor for all costs, expenses, overhead, profit, and any damages of every kind that the contractor may incur in connection with the above referenced changes in the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By the execution of the change order, the contractor accepts the contract price change and the contract completion date change, if any, and expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above - referenced changes. RECOMMENDED: ACCENTED: APPROVED: Steve Conklin Carollo DATE: Engineers Schuler DATE: Engineering /4 Yorba Linda DATE: Water District AGENDA REPORT Meeting Date: September 10, 2009 Budgeted To: Board of Directors Funding Source: From: Ken Vecchiarelli, General Account No: Manager Job No: Presented By: Steve Conklin, Engineering Dept: Manager Reviewed by Legal: Prepared By: Scott Moulton, Consultant CEQA Compliance: ITEM NO. 7.8 N/A Developer Funded 1025609 200044 Engineering Yes N/A Subject: Grant Deed to SWEPI LP for 0.025 Acres on Lakeview Avenue SUMMARY: As part of the District's redevelopment of the Bastanchury Reservoir site for the Lakeview Reservoir and Booster Pump Station, and development of the surrounding property by private development companies, various property exchanges were required and approved by the District's Board. The last of these is a proposed Grant Deed to relinquish to Shell Western E &P, Inc. (SWEPI LP) approximately 0.025 acres that was acquired in a land swap with Bastanchury Holding, L.P. (Hover Development Co.). When this parcel was acquired, a small portion of Lakeview Avenue came with it. This action will transfer the "Lakeview Avenue Triangle" property to SWEPI LP, so that the road can be dedicated to the City of Yorba Linda by SWEPI. STAFF RECOMMENDATION: That the Board of Directors authorize the President and Secretary to execute a Grant Deed, subject to approval as to form by Legal Counsel, to relinquish to SWEPI LP approximately 0.025 acres that was acquired in a land swap with Bastanchury Holding, L.P. (Hover Development Co.) for the exchange of property at the Lakeview Reservoir and Booster Pump Station site. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee discussed this item at its meeting held September 3rd and supports staff recommendation. DISCUSSION: This land exchange involved 3 parties: SWEPI LP, YLWD, and Hover Development Co. The net effect of the exchanges is shown graphically by the four steps on the attached Exhibit A. STEP 1 SWEPI LP Exchange The Facility Phasing Agreement for the Vista Del Verde Development has a provision for the exchange of property at the Bastanchury /Lakeview Reservoir site to facilitate the extension of Lakeview Avenue through the development. In this exchange, YLWD gave Parcel A to get Parcel B. This exchange was approved by the Board on 08/07/2003 and recorded 06/21/2006. STEP 2 Hover Exchange In a separate action, YLWD exchanged property with Bastanchury Holding, L.P. (Hover Development Co.) to gain a larger site for the placement of the Lakeview Booster Pump Station (Page Property). In this exchange, YLWD gave Parcel A to get Parcel B. This exchange was approved by the Board on 08/25/2005 and recorded 10/25/2005. STEP 3 SWEPI LP Exchange Follow -up Action The result of the above two exchanges brought a new triangle of land to YLWD. The intent of the Vista Del Verde exchange was to provide land for the Lakeview Reservoir and Booster Pump Station, plus complete the deeds for transfer of the road to the City. It is in the interest of YLWD to give up the Lakeview Avenue Triangle property in order to reduce YLWD's liability to provide landscape and other improvements that will be required of SWEPI in the future by the City. In this step, YLWD deeds Parcel A to SWEPI LP. A copy of the Grant Deed for this action is attached for review. STEP 4 Final Exchanae from SWEPI LP to the Ci If the District Board approves the deed of Parcel A to SWEPI, SWEPI deeds the parcels A and B to the City for Lakeview Avenue. PRIOR RELEVANT BOARD ACTION(S): The SWEPI LP exchange was approved by the Board on 08/07/2003 and recorded 06/21/2006. The Hover exchange was approved by the Board on 08/25/2005 and recorded 10/25/2005. ATTACHMENTS: Description: Type: Exhibit A to SWEPI Property Exchange Agreement Exhibit A: Four Step Exchange to Dedicate Land to Exhibit L1 ].pdf Lakeview Avenue Grant Deed to SWEPI Property Exchange Agreement Grant Deed to SWEPI LP Exhibit L1 ].pdf EXHIBIT A r FOUR STEP EXCHANGE TO DEDICATE d N LAND TO LAKEVIEW AVENUE A,�= Lakeview Reservoir STEP 1: SWEPI LP EXCHANGE Booster Site- CD SWEPI gets parcel A from YLWD -- - -� YLWD gets parcel B from SWEPI Other considerations in the agreement cover future site improvements and access during YLWD reservoir & booster construction. t N STEP 2: HOVER EXCHANGE 'J < Lakeview Reservoir �_ f Hover gets parcel A from YLWD & Boaster Site YLWD gets parcel B from Hover m Other consideration in the agreement covers A sale of a strip of land to Hover, development of site improvements, and access during YLWD i reservoir & booster construction. r N STEP 3: SWEPI EXCHANGE FOLLOW UP ACTION 1 Lakeview Reservoir SWEPI gets parcel A from YLWD & Booster Site & F_.._. Other: close three projects,. settle Village l & 11 issues? - A It I 4 N STEP 4: FINAL EXCHANGE SWEPI TO CITY Lakeview Reservoir A F{.. City of Yorba Linda gets parcels A & B & Booster Site from SWEPI for road. E Other: SWEPI gets development. �° _ ° — - _.- _- ._.. -_ fin+ RECORDING REQUESTED BY: SWEPI LP 3030 Saturn Street, Suite 101 Brea, CA 92821 AND WHEN RECORDED MAIL TO: SWEPI LP 3030 Saturn Street, Suite 101 Brea, CA 92821 THIS SPACE FOR RECORDER'S USE ONLY DOCUMENT TRANSFER TAX IS $ NONE Computed on the consideration or value of property conveyed. Computed on the consideration or value less liens or encumbrances remaining at time of sale. THE UNDERSIGNED HEREBY DECLARES Signature of Declarant or Agent Determining Tax — Firm Name GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Yorba Linda Water District, a local public agency created and operating under authority of Division 12 of the California Water Code ( "Grantor ") hereby GRANTS to SWEPI LP, a Delaware limited partnership ( "Grantee "), the real property in the City of Yorba Linda, County of Orange, State of California, being a portion of the `Bastanchury Rectangle" parcel previously acquired by the District, as described on Exhibit "A" attached hereto, and depicted on the schematic drawing on Exhibit "B" attached hereto. This Grant is made and accepted subject to all liens, defects, and encumbrances of record or apparent. IN WITNESS WHEREOF, Grantor and Grantee have each caused this Grant Deed to be signed by its authorized representative, with said Effective Date being the date of the recordation hereof in the Official Records of Orange County, California. (ALL SIGNATURES SHALL BE NOTARIZED.) MP733901 - 1 Dated: _ , 2009 SIGNATURE OF GRANTOR: YORBA LINDA WATER DISTRICT, a Public Corporation Name: John Summerfield Title: President M Name: Kenneth R. Vecchiarelli Title: General Manager Dated: --12009 APPROVED AS TO FORM: McCormick, Kidman & Behrens, LLP, in Name. Arthur G. Kidman, Esq. Title: General Counsel Dated: 2009 SIGNATURE OF GRANTEE: SWEPI LP, a Delaware limited partnership go Name: G. L. Basye Its: Attorney -in -Fact MP733901 - 2 STATE OF CALIFORNIA. COUNTY OF ORANGE On _ ....__.a__ ._. 200 , before me, _ the undersigned Notary Public in and for said County and State, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. STATE OF CALIFORNIA COUNTY OF ORANGE On 200_ , before me, Notary Public the undersigned Notary Public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /hex /their authorized capacit:y(ies), and that by his/her /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENAI -TY OF PERJURY under the laws of the State of California that the foregoing paragraph i4 true and correct. WITNESS my hand and {official seal. S'L'ATE OF CALIFORNIA C'OL TY OF ORANGE On 200_ , before me, Notary Public the undersigned Notary Public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose names) islare subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity0es), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public EXHIBIT "A' LEGAL 1DESCIt)CP'1t"fON FOR STREET DEDICATION PURPOSES That portion of Lot 4 in Block 7 of the Yorba Linda Tract, in the City of Yorba Linda, County of Orange, State of California, as shown on a map filed in Book 5, Pages 1.7 and 18 of Miscellaneous Maps in the office of the County Recorder of said county, described as follows: Commencing at the southwesterly corner of Lot A of Tract No. 15572 as shown on a map filed Book 871, Pages 11 through 18, inclusive of said Miscellaneous Maps; thence along the Southerly and Easterly lines of said Lot A the following courses: North 87 °18'22" East 22.34 feet to a point on a non - tangent curve concave westerly having a radius of 1349.00 feet, a radial line to said point on said curve bears South 89 °32'37" East and northerly 254.49 feet along said curve through a central angle of 10 °4832" to a point on the boundary of said Tract No. 15572, also being the easterly line of said Lot 4; thence continuing along said curve, northerly 30.70 feet through a central angle of 1 °18'14" to the southerly line of the northerly 218.00 feet of said Lot 4 and the TRUE POINT OF 131.11-GINNING; thence continuing along said curve, northerly 77.17 feet through a central angle of 3 °16'40" to the northerly line of the southerly 75.00 feet of the northerly 218.00 feet of said Lot 4; thence along said northerly line, South 89 °41'35" East 23.77 feet to the easterly line of said Lot 4 and the boundary of said 'lzact No. 15572; thence along said easterly line and said tract boundary, South 0 °05'24" West 75.00 feet to said southerly line of the northerly 218.00 feet; thence along said southerly line, North 89 °41'35" West 5.91 feet to the True Point of Beginning. As shown on Exhibit "B" attached hereto and by reference made a part hereof. Contains an area of 1084 square feet more or less. LAND c, —+ r eph J. Sum P. W3vas �Tc No. 6409 �e 1 OF July 26, 2007 WO No. 2013 -27X Page I of I H &A Legal No. 7008 By: J. Tran Checked By: J. Suessljt [N89 °41'35 'W 2535.08'1 N'LY LINE OF LOT 4 EXHIBIT "B,y Sketch to Accompany Legal Description � 122 6 -r r r rr n' r � r r N 1 NE. COR. LOT 4 T.P.O.B. r W N78 °20'_37 °E `- - tt7 M ' �RAD Lo o '+ 0 0;° O1 00 N7_5003'_57"E_ LY N N RAD) .:. ' CD 107' S1 CD a � H ��r � C) tf1re) � h� r• N89 °41'35 "W 5.91' T.P.O.B. N78 °20'_37 °E `- - ;" a6 "r �RAD Lo o '+ 0 0;° LL N N .:. ' CD 51' S1 CD a � p D 0 • � 1 4 •4 EASTERLY LINE LOT 4 N d cc N$7 018'22 "E 22.34; _�_ 6 cc cn i . .. P.O.C. W. COR. LOT A [ ] INDICATES RECORD PER TRACT NO. 15572 . ® EIUNSILKEFL & ASSOCIATES I R W I NE, I N C LAKEVIEW AVENUE PLANNING ENGINEERINC SURVEYING Three Hughes • Irk CA 92518 • PH: (949) 583.1910 • Fx (949) 583 -0759 1N THE CITY OF YOREIA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA 11A 7 -26 -07 0 � 9-- -13 -07 By J. TRAN aYd J. 5UES5 SCALE: 1 " -gQ' W.O. 2013 -27X 1.\ ShellYorbciLindc \Greystone\LD\7008`SHT02.dwg H &A LEGAL No. 7008 SHEET 2 OF 2 AGENDA REPORT Meeting Date: September 10, 2009 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Pat Grady, Assistant General Manager Prepared By: Cindy Navaroli, Interim Finance Director Subject: FY 2009/10 Budget Amendment SUMMARY: Budgeted Funding Source: Dept: Reviewed by Legal: CEQA Compliance: ITEM NO. 8.1 N/A N/A Administration N/A N/A Attached for the Board's review and consideration is an addendum to the FY 2009/10 adopted budget. Should the Board approve a rate adjustment at the September 10, 2009 Public Hearing, it is recommended the revenues statements for the FY 2009/10 Budget be amended accordingly. STAFF RECOMMENDATION: That the Board of Directors receive and file the addendum to the FY 2009/10 Budget. DISCUSSION: The addendum to the FY 2009/10 budget includes changes to revenues and expenses as outlined in the 2009 Water Rate Report. Should the Board adopt a rate adjustment different from the recommendations in the 2009 Water Rate Report, the budget addendum would be adjusted accordingly. The main changes to the adopted budget include: • Increased water revenues reflecting the water rate increase effective September 14, 2009. • The addendum reflects more clearly the use of reserves to fund capital outlay and the use of bond fund monies to reimburse the District for salaries and expenses related to capital project planning and administration, design, inspection and management. The attached addendums are a supplement to the existing FY 2009/10 Budget document. The pages within the Budget document being supplemented are located at the bottom of each addendum page. ATTACHMENTS: Description: Type: Summary of Income and Outlay.pdf Summary of Income and Outlay, amended Backup Material Water and Sewer combined.pdf water_ revenues_amended.pdf Water expenses, amended.pdf Water & Sewer, amended Water revenues amended Water expenses, amended Backup Material Backup Material Backup Material Summary of All Income /Expenses and Funding Requirements Sources of Outla Supplies & Services Adopted Amended Variable Water Costs Budget Budget Salary & Benefits FY 2009/10 FY 2009/10 Sources of Income 154,500 154,500 Water Sales Revenue 18,723,793 25,162,185 Sewer Services Revenue 1,276,000 1,276,000 Property Tax Revenue 1,200,000 1,200,000 Other Revenue 896,000 896,000 Total Income 22,095,793 28,534,185 Sources of Outla Supplies & Services 4,325,084 4,325,084 Variable Water Costs 12,612,700 12,612,700 Salary & Benefits 7,355,049 7,355,049 Temporary /Contract Labor 154,500 154,500 Depreciation 4,540,800 4,540,800 Interest on Long Term Debt 1,981,300 1,981,300 Other 201,800 201,800 Total Outlay 31,171,233 31,171,233 Income less Outlay (9,075,440) (2,637,048) Additional cash requirements Capital outlay (vehicles & equipment) (628,500) Bond principal payments (825,000) Funding requirements before approved adjustments (4,090,548) 75% depreciation not approved for funding in current year 2,959,312 Bond & Dev. Labor Reimbursement 300,000 Reserve transfer -in for vehicles & equipment 628,500 Board adjusted funding requirements for FY 2009110 (202,736) C.I.P. and R &R Expenditures Previously Approved - CIP Projects Additional Projects Recommended Total CIP & R &R Expenditures 13,767,000 13,767,000 4,560,000 4,560,000 18, 327,000 18,327,000 5 -Year CIP and R &R Projects No Change Remaining Approved CIP & R &R Projects (FY 2010 -2012) 22,681,000 Additional Projects Requested (FY 2010 -2013) 21,960,000 Total Revised 5 -Year CIP 44,641,000 Page 19 - Original adopted budget Revenues & Expenses (Water and Sewer) Revenue (Operating): Water Revenue (Residential) Water Revenue (Commercial & Fire Det.) Water Revenue (Landscape /Irrigation) Sewer Charge Revenue Locke Ranch Assessments Other Operating Revenue Total Operating Revenue: Revenue (Non- Operating): Annexation Revenue Interest Investments Property Taxes Other Non - Operating Revenue Total Non - Operating Revenue: Adopted Budget FY 2009/10 14,067,821 1,472,168 3,183,804 1,160,000 116,000 641,000 20, 640, 793 7,500 140,000 1,200,000 107,500 1,455,000 Amended Budget FY 2009/10 19,332,804 1,836,255 3,993,126 1,160,000 116,000 641,000 27, 079,185 7,500 140,000 1,200,000 107,500 1,455,000 Total Revenue 22,095,793 28,534,185 -- - - - - - - - -- - - - - - - Original adopted budget, page 22 Revenues & Expenses (Water and Sewer cont'd) Expenses (Operating): Adopted Amended Budget Budget FY 2009/10 FY 2009/10 Depreciation & Amortization 4,540,800 4,540,800 Variable Water Costs (G.W., Import & Pow 12,612,700 12,612,700 Salary Related Expenses 7,355,049 7,355,049 Supplies & Services: Communications 295,348 295,348 Contractual Services 1,101,345 1,101,345 Data Processing 127,635 127,635 Dues & Memberships 33,428 33,428 Fees & Permits 56,200 56,200 Board Election - - Insurance 376,300 376,300 Materials 448,726 448,726 District Activities, Emp Recognition 15,200 15,200 Maintenance 414,150 414,150 Non - Capital Equipment 158,541 158,541 Office Expense 76,325 76,325 Professional Services 838,500 838,500 Training 70,150 70,150 Travel & Conferences 55,785 55,785 Uncollectible Accounts 52,000 52,000 Collection Agency Fee 3,500 3,500 Utilities 29,700 29,700 Vehicle Equipment 326,751 326,751 Supplies & Services Sub -Total -- 4,479,584 - - - - - - - 4,479,584 - - - - - - - - Total Operating Expenses: 2859885133 2859885133 Expenses (Non- Operating): Interest on Long Term Debt 1,981,300 1,981,300 Job Closing Expense 45,000 45,000 Other Expense 156,800 156,800 -- - - - - - - - -- - - - - -- Total Non - Operating Expenses: 2,183,100 2,183,100 Total Expenses 31,171,233 31,171,233 -- - - - - - - - - - - - - - - - Income (Loss) (9,075,440) (2,637,048) Original adopted budget, page 23 Revenue & Expenses (Water) Revenue (Operating): Water Revenue (Residential) Water Revenue (Commercial & Fire Det.) Water Revenue (Landscape /Irrigation) Other Operating Revenue Total Operating Revenue: Revenue (Non- Operating): Annexation Revenue Interest Investments Property Taxes Other Non - Operating Revenue Total Non - Operating Revenue: Total Revenue Adopted Budget Amended Budget FY 2009/10 FY 2009/10 14,067,821 19,332,804 1,472,168 1,836,255 3,183,804 3,993,126 637,900 637,900 19,361,693 25,800,085 500 500 127,400 127,400 1,092,000 1,092,000 105,500 105,500 1,325,400 1,325,400 20,687,093 27,125,485 -------------- - - - - -- Original adopted budget, page 24 Expenses (Operating): Revenue & Expenses (Water cont'd) Adopted Budget Amended Budget FY 2009/10 FY 2009/10 Depreciation & Amortization 3,945,750 3,945,750 Variable Water Costs (G.W., Import & Power) 12,612,700 12,612,700 Salary Related Expenses 6,538,008 6,538,008 Supplies & Services: --------------- 2,175,800 - - - -- 2,175,800 Communications 268,694 268,694 Contractual Services 964,090 964,090 Data Processing 116,148 116,148 Dues & Memberships 30,068 30,068 Fees & Permits 50,160 50,160 Board Election - - Insurance 342,433 342,433 Materials 427,424 427,424 District Activities, Emp Recognition 13,832 13,832 Maintenance 384,362 384,362 Non - Capital Equipment 139,910 139,910 Office Expense 66,775 66,775 Professional Services 760,575 760,575 Training 61,518 61,518 Travel & Conferences 48,892 48,892 Uncollectible Accounts 47,320 47,320 Collection Agency Fee 3,185 3,185 Utilities 27,027 27,027 Capital Projects Allocation --------------- - -- Supplies & Services Sub -Total --------------- 4,032,096 4,032,096 - - - -- Total Operating Expenses: 27,128,554 27,128,554 Expenses (Non- Operating): Interest on Long Term Debt 1,981,300 1,981,300 Job Closing Expense 40,000 40,000 Other Expense 154,500 154,500 Total Non - Operating Expenses: --------------- 2,175,800 - - - -- 2,175,800 Total Expenses 29,304,354 --------------- 29,304,354 - - - -- Income (Loss) (8,617,261) (2,178,869) Contributed Capital 190,962 190,962 Original adopted budget, page 25 Meeting Date: Subject: ATTACHMENTS: 090909 FA - Minutes.doc ITEM NO. 10.2 AGENDA REPORT September 10, 2009 Finance - Accounting Committee (Beverage /Summerfield) Alternate: Mills Minutes of meeting held September 9, 4:00 p.m. (To be provided at the meeting.) Meeting scheduled for October 13, 4:00 p.m. Description: FA Mtg Minutes 09/09/2009 Type: Minutes ITEM NO. 10.2. MINUTES OF THE YORBA LINDA WATER DISTRICT FINANCE - ACCOUNTING COMMITTEE MEETING September 9, 2009 A meeting of the Finance - Accounting Committee was called to order by Director Beverage at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE Director Michael J. Beverage, Chair Director John W. Summerfield 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS STAFF Ken Vecchiarelli, General Manager Cindy Navaroli, Interim Finance Director Sandi Van Etten, Senior Accountant 2.1. FY 2008/09 Audit Update Staff reported that the audit went well and should be complete within the next week. There will be an exit meeting with the auditors on September 15th 2.2. GASB 43 & 45 Update Ms. Navaroli reported on the liability that we need to record for Other Post - Employment Benefits (OPEB). She indicated that even though the liability does have to be recorded on the books, it does not have to be funded at this time. The Committee discussed the various options available. 2.3. Bond Covenants Ms. Navaroli reported that the preliminary year end numbers for FY 08/09 are not in compliance with our bond covenant ratio. However, if the rate increase being proposed for FY 09/10 passes, the District should be in compliance with the ratio requirement in FY 09/10. 2.4. Monthly Portfolio Reports for July 2009 Keith Khorey of Wells Capital Management was contacted prior to the Committee meeting and reported to Staff that the portfolio remains stable. The Committee had no questions for Mr. Khorey. 2.5. Future Agenda Items and Staff Tasks Staff was asked to contact Wells Capital regarding several of the short term securities we have as investments that appear to be international investments. Staff was directed to explore domestic options if available at the same yield. 1 3. ADJOURNMENT 3.1. The Committee adjourned at 4:30 p.m. The next regular meeting of the Finance - Accounting Committee will be held October 13, 2009 at 4:00 p.m. Meeting Date: Subject: ATTACHMENTS: ITEM NO. 10.4 AGENDA REPORT September 10, 2009 Planning- Engineering- Operations Committee (Mills /Armstrong) Alternate: Beverage Minutes of meeting held September 3, 4:00 p.m. Meeting scheduled for October 1, 4:00 p.m. has been rescheduled to October 7, 4:00 p.m. Description: Type: 090309 PEO - Minutes.doc PEO Mtg Minutes 09/03/09 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PLANNING - ENGINEERING - OPERATIONS COMMITTEE MEETING September 3, 2009 A meeting of the Planning- Engineering- Operations Committee was called to order by Director Mills at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE Director William R. Mills, Chair Director Paul R. Armstrong 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR STAFF Ken Vecchiarelli, General Manager Steve Conklin, Engineering Manager Lee Cory, Operations Manager Ken Mendum, Ops Superintendent John DeCriscio, Chief Plant Operator 2.1. Recycled Water Project Planning Study. Mr. Conklin reported on the grant process and availability from the State Board for 50% funding of facility planning studies for the use of recycled water. He noted that there is a backlog at the State on processing the grant applications. The Committee suggested that we ask our consultant, Townsend Public Affairs to assist after submittal. After discussion, the Committee supported staff's recommendation to apply for a grant and to proceed with the study. 2.2. Grant Deed to SWEPI LP for 0.025 Acres on Lakeview Avenue. Mr. Conklin reported on the property exchanges that have taken place in the process of the District constructing the new Lakeview Reservoir and Pump Station, and private development in the surrounding area. He noted that the last piece needed to complete the process is the transfer of 0.025 acres to SWEPI LP. After discussion, the Committee supported staff's recommendation to approve and execute documents to relinquish the property. 2.3. Approval of Change Order No. 3 for Highland Reservoir Replacement Project. Mr. Conklin reported on the status of construction for Highland Reservoir and the changes that have had to be addressed in the process of demolishing the old reservoir and removing or replacing the many old pipelines around the site. After discussion, the Committee supported staff's recommendation for approval of Change Order No. 3 in the amount of $96,272.43 and the addition of 35 calendar days for completion. 1 3. DISCUSSION ITEMS 3.1. History Document of Yorba Linda Reservoir No. 1 (Highland Reservoir) Mr. Conklin reported that the history document for the old reservoir as required for the Historic American Engineering Record has been completed, and copies provided to local repositories. The District's office copy was provided at the meeting for review by the Committee. Director Armstrong requested he be provided an electronic copy for his library. 3.2. Monthly Groundwater Production and Purchased Water Report Mr. DeCriscio reported that the District has reported 99.9% of its commitment for CUP pumping for MWD. He also noted that for the month of August the District's water demand was 8.9% under budget and 9.2% under for July and August combined. These numbers reflect the positive conservation efforts from our customers. 3.3. Monthly Preventative Maintenance Program Report Mr. Mendum reported on the status of the PM program and that the District is on schedule in essentially all efforts. It was noted by the Committee that the work of the District to keep all of the many components of the water and sewer system in top operating condition goes unnoticed by our customers. It was suggested that staff look at providing information on our PM program in an upcoming newsletter. Mr. Cory also reported that staff is proceeding with the Fats, Oil and Grease (FOG) Permit and Fee Program for food establishments with sewer connections in the District. This follows the Board's approval to proceed with the program last year. 3.4. Monthly MWDOC Managers Meeting Summary Report Mr. Vecchiarelli reported on the August 27 meeting that he attended. He noted that MWDOC indicated that essentially all member agencies are using less water than the demand targets established by MWDOC. 3.5. Monthly OC Groundwater Producers Meeting Summary Report Mr. Conklin reported on the August 12 meeting that he and Mr. DeCriscio attended. 3.6. Status Report on Capital Projects in Progress Mr. Conklin reported on the status of capital projects in planning, design and construction. 3.7. Future Agenda Items and Staff Tasks None. 4. ADJOURNMENT 4.1. The meeting was adjourned at 5:53 p.m. The next regular meeting of the Planning- Engineering- Operations Committee was scheduled for Wed., October 7, 2009 at 4:00 p.m., at the request of the Committee. 2 ITEM NO. 10.5 AGENDA REPORT Meeting Date: September 10, 2009 Subject: Public Information - Technology Committee (Collett /Beverage) Alternate: Armstrong Minutes of meeting held September 1, 4:00 p.m. Meeting scheduled for October 6, 4:00 p.m. ATTACHMENTS: Name: Description: Type: 090109 PIT - Minutes.doc PIT Mtg Minutes 09/01/09 Minutes MINUTES OF THE YORBA LINDA WATER DISRICT PUBLIC INFORMATION - TECHNOLOGY COMMITTEE MEETING September 1, 2009 A meeting of the Public Information - Technology Committee was called to order by Director Collett at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Ric Collett, Chair Ken Vecchiarelli, General Manager Director Michael J. Beverage Pat Grady, Assistant General Manager Cindy Botts, Management Analyst 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Version 2 of the Summer Customer Newsletter Mrs. Botts presented the second version of the Summer 2009 Newsletter for the Committee's comments. Both Director Beverage and Director Collett suggested changes for the layout of the newsletter. Director Collett also suggested some changes in verb tense to the "Rate Changes" story, due to the fact that the Newsletter will not arrive in the mail to the majority of the customers until after the water rate public hearing. 2.2. Conservation Ordinance Permanent Signage Update Mrs. Botts updated the Committee on the status of the encroachment permit that the District was working on with the City of Yorba Linda and asked the Committee's input on the eight sites approved by the City for the District's signs. The Committee discussed the sign locations and rotation for maximum effectiveness. 2.3. Conservation Ordinance Monthly Statistics Mrs. Botts updated the Committee on the monthly non - compliance activities, waiver and hotline calls. 2.4. Public Events Update Mrs. Botts updated the Committee on the upcoming public events sponsored by the District and reported on the success of the District's sponsorship of the Yorba Linda Relay for Life. Director Collett asked if the District had been approached by the Yorba Linda Country Club, Rotary Clubs, or other community groups about sponsoring their yearly events. Mrs. Botts replied that the District has not yet been contacted by any groups that were not already scheduled. She reiterated that if the event occurs within our service area, Staff is more than happy to support the event. 1 2.5. Computerized Maintenance and Management System Update Mr. Grady updated the Committee on the status of the CMMS system. He explained that this software will track everything the District does in the field, from labor to the use and reordering of parts. A kickoff meeting with a consultant was held to develop the Request for Proposal for the purchasing and integration of the system. Staff will present a summary report of the proposals received to the Committee for consideration. Mr. Grady estimated that the system should be fully integrated by July 2010. 2.6. Future Agenda Items and Staff Tasks None. 3. ADJOURNMENT 3.1. The meeting was adjourned at 5:15 p.m. The next regular meeting of the Public Information - Technology Committee will be held October 6, 2009 at 4:00 p.m. 2 ITEM NO. 12.1 AGENDA REPORT Meeting Date: September 10, 2009 Subject: Meetings from September 11, 2009 thru October 31, 2009 ATTACHMENTS: Description: Type: BOD Activities Calendar.pdf BOD Activities Calendar Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: Seatember 2009 Personnel -Risk Management Committee Meeting Mon, Sep 14 4:OOPM Armstrong /Summerfield Yorba Linda City Council Tue, Sep 15 6:30PM Armstrong MWDOC Board Wed, Sep 16 8:30AM Staff Exec - Admin- Organizational Committee Meeting Wed, Sep 16 4:OOPM Summerfield /Mills OCWD Board Wed, Sep 16 5:OOPM Staff City of Placentia Ad Hoc Committee Meeting Thu, Sep 17 4:OOPM Beverage MWDOC /OCWD Ad Hoc Committee Meeting Tue, Sep 22 4:OOPM Mills /Collett Yorba Linda Planning Commission Wed, Sep 23 7:OOPM Summerfield Board of Directors Regular Meeting Thu, Sep 24 8:30AM Collett Citizens Advisory Committee Meeting Mon, Sep 28 8:30AM Summerfield /Mills October 2009 Public Information - Technology Committee Meeting Tue, Oct 6 4:OOPM Collett /Beverage Yorba Linda City Council Tue, Oct 6 6:30PM Mills MWDOC /MWD Workshop Wed, Oct 7 7:30AM Staff Planning- Engineering- Operations Committee Meeting Wed, Oct 7 4:OOPM Mills /Armstrong OCWD Board Wed, Oct 7 5:OOPM Staff Board of Directors Regular Meeting Thu, Oct 8 8:30AM Personnel -Risk Management Committee Meeting Mon, Oct 12 4:OOPM Armstrong /Collett Finance - Accounting Committee Meeting Tue, Oct 13 4:OOPM Beverage /Summerfield Yorba Linda Planning Commission Wed, Oct 14 7:OOPM Collett Executive - Admin- Organizational Committee Meeting Tue, Oct 20 4:OOPM Summerfield /Mills Yorba Linda City Council Tue, Oct 20 6:30PM Armstrong MWDOC Board Wed, Oct 21 8:30AM Staff OCWD Board Wed, Oct 21 5:OOPM Staff Board of Directors Regular Meeting Thu, Oct 22 8:30AM Citizens Advisory Committee Meeting Mon, Oct 26 8:30AM Yorba Linda Planning Commission Wed, Oct 28 7:OOPM Summerfield 9/4/2009 2:23:09 PM ITEM NO. 13.1 AGENDA REPORT Meeting Date: September 10, 2009 Subject: Diamond Valley Lake Tour - September 25, 2009 STAFF RECOMMENDATION: Authorize Directors and such staff members of the District as approved by the General Manager to attend the tour. ATTACHMENTS: Name: Description: DMV Lake Tour.doc Event Flyer ITINERARI Inspection Trip of Diamond Valley Lake Sponsored by The Municipal Water District of Orange County The Metropolitan Water District Of Southern California Friday, September 25, 2009 7:30 a.m. Assemble at Municipal Water District of Orange County 18700 Ward Street, Fountain Valley (southeast corner of Ward and Ellis) for coffee, rolls and brief presentation 8:30 a.m. Depart for Diemer Treatment Plant, Yorba Linda 9:15 a.m. Arrive Robert B. Diemer Treatment Plant The Diemer plant is one of Metropolitan's three "blend" plants, meaning that it normally receives a blend of water from the State Water Project (SWP) and the Colorado River Aqueduct (CRA) (the other two "blend" plants are Weymouth and Skinner). Water is fed to this plant via the Yorba Linda Feeder, which originates in the northern portion of Metropolitan's distribution system, and the Lower Feeder, which originates at Lake Mathews. Robert B. Diemer came to Metropolitan in 1929 as a distribution engineer. He later became MWD's General Manager and Chief Engineer from 1952 to 1961. Diemer participated in the dedication of the Robert B. Diemer Treatment Plant on January 15, 1964. 11:00 a.m. Depart Diemer for Hemet 12:00 noon Arrive Diamond Valley Diamond Valley Lake, located near Hemet, was designed to be filled from two sources: the Colorado River and state water from Northern California. Colorado River water is delivered by the Colorado River Aqueduct via the San Diego Canal and water from the California State Water Project comes from the east branch of the State Water Project via Lake Silverwood, by gravity, through a 12 -foot diameter, 45 -mile pipeline called the Inland Feeder. DVL began tilling in 2000 and has a capacity of 800,000 acre -feet, which secures six months emergency storage south of the San Andreas Fault. Drive across East Dam 1:00 P.M. Delicious box lunch at East Marina 1:30 p.m. Depart East Marina for Water Campus 2:00 p.m. Arrive Water Campus for self guided tours of MWD Visitor Center and Western Center of Archaeology and Paleontology 3:30 p.m. Depart DVL for Fountain. 5:00 p.m. Arrive MWDOC Offices, Fountain Valley In case of an emergency during this trip, telephone contact to our group may be made through MWD's 24 -hour Security Watch Center, (800) 555 -5911, Inform the operator that you are calling for a Diamond Valley Lake inspection trip guest with Director Jack Foley and Inspection Trip Manager Pat Chandler. You may also reach the group directly by calling Pat's cell (213) 910 -4218 or emailing at pchandleramwdh2o.com. Participation on this inspection trip by certain California governmental officials will constitute a reportable gift under California and local ethics laws. The estimated reportable expense for this trip is $70.00. Please contact Pat Chandler at pchandler @mwdh2o.com or call (213) 217 -7772 to receive the actual reportable expense if you are required to report gifts. ITEM NO. 13.2 AGENDA REPORT Meeting Date: September 10, 2009 Subject: CA -NV AWWA Fall Conference - October 5 -8, 2009 STAFF RECOMMENDATION: Authorize Directors and such staff members of the District as approved by the General Manager to attend the conference. ATTACHMENTS: Description: CA -NV AWWA Fall Conference.pdf Conference Flyer An Invitation From the Chair..... 2 Committee Division Meetings.... 4 Special Offers ................. 5 Conference Events............ 6 -7 Technical Tours ................ 8 Table of Contents General Information ............ 9 Hotel Information .............. 9 Technical Programs ......... 10 -20 Future Conference Locations.... 16 Water Fair ................... 22 AWWA Membership Application ..................24 Registration Form ............. 27 Advertising Opportunities ..... BC CONFEUNCE OVERVIEW Monday, October 5, 2009 Registration .................7:00 am — 5:30 pm CA -NV Committee Meetings ...7:00 am — 7:00 pm Exhibitor Set -Up .............12:00 pm - 5:00 pm Tuesday. October 6, 2009 Registration .................7:00 am — 5:30 pm Technical Tour ...............8:00 am - 12:00 pm Exhibitor Set -Up ..............8:00 am — am - 1:00 pm Opening Session ............9:00 am — 11:00 am Awards Ceremony ..........10:15 am - 11:15 am Keynote Luncheon ...........11:30 am — 1:30 pm Technical Sessions ............1:30 pm — 5:00 pm Exhibits .....................3:00 pm - 7:00 pm Exhibitor Hosted Reception ....5:30 pm — 6:30 pm Prize Drawing ........................6:00 pm YP Mixer .. ...........................8:00 pm Wednesday. October 7, 2009 Registration .................7:00 am — 5:30 pm Technical Sessions ...........8:00 am — 5:00 pm Technical Tour ..............8:00 am — 12:00 pm Exhibits ....................9:00 am — 3:00 pm Exhibitor Hosted Luncheon ............12:00 pm Prize Drawing ........................1:00 pm Committee Meetings ..........3:00 pm — 6:00 pm Membership Social ...........5:00 pm - 7:00 pm Thursday. October 8. 2009 Registration .................7:00 am — 5:00 pm Technical Sessions ...........8:00 am — 5:00 pm Governing Board Meeting ....8:00 am — 12:00 pm Certification Exams ..........8:00 am — 11:00 am Committee Meetings .........9:00 am — 8:00 pm I look to Sign up Be Sur chn1Ca1.�our! fora 1e detailsl lSee pg gfior i 0 For more information visit our website at www.ca- nv- awwa.org or call the Section office at (909) 481 -7200. Occupation Codes (please check one): ❑ WTR Water Utility ❑ CTR Contractor ❑ CNS Consultant ❑ MFG Manufacturer ❑ REF Manufacturer's Representative ❑ DIS Distributor ❑ EDU Educator ❑ RES Research Laboratory ❑ FED Federal Government ❑ STA State Government ❑ LOC Local Government ❑ STU Student ❑ OTH Other ❑ I am a speaker at this conference Date: Time: NAME (how you would like it to appear on your badge) Title Address Phone Email Company. City Fax AWWA Member # State Zip (same rate as T YP e Of Membership (check one) 0 Individual 0 Organization O erator /Admin. 0 Utility O 1 am a CWEA /NWEA Member CA -N V -AW WA Cmmnlimpntary Snnnca /enact lif attanrlinnl Member) (Household members ONLY Not to be used for water industry personnel) Check # Payable to CA -NV AWWA (U.S. funds) PO # Must be accompanied by a physical copy of the PO Credit Card: ❑ Visa ❑ MC ❑ AMEX Card No.: Exp. Date: Name on Card: Authorized Signature: Billing Zip Code: Must be Zip Code in which credit card statement is mailed For copy of receipt, please write email address: Please submit registration by September 1st for CPS (ERG)-Education Reimbursement Grant ERG# ❑ am a" Young r°ruiessional" (YP) ❑ First Time Attendee ❑ am a New Member of AWWA If not included with registration fee []Keynote Luncheon ............................$50 []Exhibitor Hosted Lunch ............................$40 Subtotal $ []Tues. Technical Tour, October 6 .. $35 ❑ Wed. Technical Tour, October 7 .. $35 Subtotal $ • A • ❑ FREE (I am an individual, operator or administrative AWWA member) ❑ $20 (My utility /organization is an AWWA member or I am not an AWWA member) Registration Total: Special Events Total: Meal Total: Contact Hours: Total Amount Due: Registrations must be accompanied by payment (Check, Money Order, Credit Card or physical Purchase Order) and received prior to September 5, 2009. Onsite registration will be required after September 5, 2009. Refund requests must be submitted in writing to the Section office by September 5, 2009. A $50 administrative fee will be deducted from all refunds. NO Refunds granted after September 5, 2009. CA -NV AWWA Contact Information: 10574 Acacia Street, Suite D6, Rancho Cucamonga, CA 91730 • Phone: (909) 481 -7200 • Fax: (909) 291 -2107 www.ca- nv- awwa.org CA -NV AWWA 10574 Acacia St., Ste. D6 • Rancho Cucamonga, CA 91730 • Phone: (909) 481 -7200 Fax: (909)291 -2107 • www.ca- nv- awwa.org Super On or Before On or Before Onsite: After Early Bird Aug. 5th Sept. 5th Sept. 5th Subtotals ❑ FULL REGISTRATION (Thru 7/15) $410 $460 $540 $ Includes Keynote & Exhibitor Hosted Lunch $360 SPECIAL REGISTRATIONS ❑ Tues. One -Day, October 6 $215 $255 $290 $ Includes Keynote Luncheon ❑ Wed. One -Day, October 7 $215 $255 $290 $ Includes Exhibitor Hosted Lunch ❑ Education Package (Wed. & Thur.) $250 $290 $325 $ Includes Technical Sessions & Exhibit Hall Entrance No Meals No Meals No Meals ❑ Thurs. One -Day, October 8 $120 $150 $190 $ ❑ Exhibits Only: Tues., October 6 $35 $45 $55 $ $ ❑ Exhibits Only: Wed. October 7 $35 $45 $55 ❑ STUDENT or RETIREE REGISTRATION FREE FREE FREE $ FREE (See Meal Options) Check # Payable to CA -NV AWWA (U.S. funds) PO # Must be accompanied by a physical copy of the PO Credit Card: ❑ Visa ❑ MC ❑ AMEX Card No.: Exp. Date: Name on Card: Authorized Signature: Billing Zip Code: Must be Zip Code in which credit card statement is mailed For copy of receipt, please write email address: Please submit registration by September 1st for CPS (ERG)-Education Reimbursement Grant ERG# ❑ am a" Young r°ruiessional" (YP) ❑ First Time Attendee ❑ am a New Member of AWWA If not included with registration fee []Keynote Luncheon ............................$50 []Exhibitor Hosted Lunch ............................$40 Subtotal $ []Tues. Technical Tour, October 6 .. $35 ❑ Wed. Technical Tour, October 7 .. $35 Subtotal $ • A • ❑ FREE (I am an individual, operator or administrative AWWA member) ❑ $20 (My utility /organization is an AWWA member or I am not an AWWA member) Registration Total: Special Events Total: Meal Total: Contact Hours: Total Amount Due: Registrations must be accompanied by payment (Check, Money Order, Credit Card or physical Purchase Order) and received prior to September 5, 2009. Onsite registration will be required after September 5, 2009. Refund requests must be submitted in writing to the Section office by September 5, 2009. A $50 administrative fee will be deducted from all refunds. NO Refunds granted after September 5, 2009. CA -NV AWWA Contact Information: 10574 Acacia Street, Suite D6, Rancho Cucamonga, CA 91730 • Phone: (909) 481 -7200 • Fax: (909) 291 -2107 www.ca- nv- awwa.org CA -NV AWWA 10574 Acacia St., Ste. D6 • Rancho Cucamonga, CA 91730 • Phone: (909) 481 -7200 Fax: (909)291 -2107 • www.ca- nv- awwa.org Super On or Before On or Before Onsite: After Early Bird Aug. 5th Sept. 5th Sept. 5th Subtotals ❑ FULL REGISTRATION (Thru 7/15) $470 $530 $610 $ Includes Keynote & Exhibitor Hosted Lunch $420 SPECIAL REGISTRATIONS ❑ Tues. One -Day, October 6 $245 $285 $325 $ Includes Keynote Luncheon ❑ Wed. One -Day, October 7 $245 $285 $325 $ Includes Exhibitor Hosted Lunch ❑ Education Package (Wed. & Thur.) $280 $320 $360 $ Includes Technical Sessions & Exhibit Hall Entrance No Meals No Meals No Meals ❑ Thurs. One -Day, October 8 $140 $175 $210 $ ❑ Exhibits Only: Tues., October 6 $45 $55 $65 $ $ ❑ Exhibits Only: Wed. October 7 $45 $55 $65 ❑ STUDENT or RETIREE REGISTRATION FREE FREE FREE $ FREE (See Meal Options) Check # Payable to CA -NV AWWA (U.S. funds) PO # Must be accompanied by a physical copy of the PO Credit Card: ❑ Visa ❑ MC ❑ AMEX Card No.: Exp. Date: Name on Card: Authorized Signature: Billing Zip Code: Must be Zip Code in which credit card statement is mailed For copy of receipt, please write email address: Please submit registration by September 1st for CPS (ERG)-Education Reimbursement Grant ERG# ❑ am a" Young r°ruiessional" (YP) ❑ First Time Attendee ❑ am a New Member of AWWA If not included with registration fee []Keynote Luncheon ............................$50 []Exhibitor Hosted Lunch ............................$40 Subtotal $ []Tues. Technical Tour, October 6 .. $35 ❑ Wed. Technical Tour, October 7 .. $35 Subtotal $ • A • ❑ FREE (I am an individual, operator or administrative AWWA member) ❑ $20 (My utility /organization is an AWWA member or I am not an AWWA member) Registration Total: Special Events Total: Meal Total: Contact Hours: Total Amount Due: Registrations must be accompanied by payment (Check, Money Order, Credit Card or physical Purchase Order) and received prior to September 5, 2009. Onsite registration will be required after September 5, 2009. Refund requests must be submitted in writing to the Section office by September 5, 2009. A $50 administrative fee will be deducted from all refunds. NO Refunds granted after September 5, 2009. CA -NV AWWA Contact Information: 10574 Acacia Street, Suite D6, Rancho Cucamonga, CA 91730 • Phone: (909) 481 -7200 • Fax: (909) 291 -2107 www.ca- nv- awwa.org CA -NV AWWA 10574 Acacia St., Ste. D6 • Rancho Cucamonga, CA 91730 • Phone: (909) 481 -7200 Fax: (909)291 -2107 • www.ca- nv- awwa.org